THE SENATE |
S.R. NO. |
107 |
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE RESOLUTION
URGING THE PUBLIC UTILITIES COMMISSION TO CONSIDER AND ADOPT AN EFFICIENT, STREAMLINED PROCESS TO REVIEW REQUESTS MADE BY ELECTRIC UTILITIES TO PROVIDE MIDDLE MILE BROADBAND SERVICES IN FURTHERANCE OF THE STATE'S EFFORTS TO EXPEDITE BROADBAND ACCESS TO UNSERVED AND UNDERSERVED AREAS.
WHEREAS, over the past two years, the coronavirus disease 2019 pandemic has transformed the lives of citizens of the State and beyond, and revealed the importance of broadband equity to ensure fair access to telework, telemedicine, and remote learning opportunities for the people of Hawaii; and
WHEREAS, concurrently,
electric utilities across the United States are increasingly reliant on telecommunications
infrastructure to support modern grid operations and manage increasing volumes
of distributed energy resources, which requires that electric utilities
modernize their grids to include robust and diverse telecommunications
infrastructure to all grid assets at the edge of every community; and
WHEREAS, the State's regulated electric utilities are
well-positioned to help bridge the digital divide by leveraging excess capacity
on that same utility telecommunications infrastructure to provide "middle
mile" broadband services and enable internet service providers to offer
services to communities that are otherwise cost-prohibitive to reach; and
WHEREAS, this
represents a common-sense approach to addressing the digital divide, presenting
an additional approach for internet service providers to offer broadband in low-
to moderate-income, hard-to-reach communities; and
WHEREAS,
the expansion of broadband services aligns with the State's current efforts to expedite
the deployment of broadband, as well as the national trend of related legislation;
and
WHEREAS,
the National Association of Regulatory Utility Commissioners issued a resolution,
on November 9, 2021, that underscores the importance of electric utilities' active
participation in broadband expansion through utilization of existing
telecommunication infrastructure; and
WHEREAS, President Biden signed the Infrastructure Investment
and Jobs Act into law on November 15, 2021, which provides $1.2 trillion in
federal investment in roads and bridges, water infrastructure, resilience,
internet, including $1 billion to expand middle mile infrastructure to reduce
the cost of connecting unserved and underserved areas; and
WHEREAS, the electric utilities do not currently see barriers to
entering the middle mile telecommunications market but are concerned over the
length of time needed for its approvals as competitive federal broadband
funding become available; and
WHEREAS, the
Public Utilities Commission's development of an expedited process would help address
the growing need for access to broadband and enable equitable access to
telework, telemedicine, remote learning, and participation in the digital
economy; and
WHEREAS, existing
regulated public utilities are able to provide foundational, diverse middle
mile broadband services to internet service providers and other third parties
without duplicating efforts or congesting rights-of-way or view planes, allowing
electric utilities and internet service providers to partner together; and
WHEREAS, the
Public Utilities Commission and the Consumer Advocate are authorized under sections
269-39, 269-51, and 269‑54, Hawaii Revised Statutes, to provide
regulatory oversight of electric utilities to ensure that, among other things,
an electric utility does not favor itself or its affiliates, does not cross-subsidize
any of its activities with ratepayers' funds, and provides maximum value to the
ratepayer, ensuring that no electric service rates include funding for facilities
beyond that which is reasonably required for the provision of electric service;
and
WHEREAS,
in conjunction with the Federal Communications Commission's authority and the
Federal Pole Attachment Act, the Public Utilities Commission also exercises authority
over electric utilities that own distribution poles, requiring that they provide
non-discriminatory access to their poles and comply with the strict federal
timelines and federal rules and regulations governing pole attachments; and
WHEREAS, the
Legislature supports electric utilities providing middle mile broadband service
using the excess capacity of their electrical service infrastructure to internet
service providers and other third parties; now, therefore,
BE IT
RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii,
Regular Session of 2022, that the Public Utilities Commission is urged to consider
and adopt an efficient, streamlined process to review requests made by electric
utilities under section 269-19, Hawaii Revised Statutes, to provide middle mile
broadband services in furtherance of the State's efforts to expedite broadband
access and equity, facilitate digital equity, and promote expeditious broadband
deployment to areas of the State that are unserved and underserved; and
BE IT FURTHER RESOLVED that, to facilitate a streamlined process while still protecting electric customers and telecommunications markets, the Public Utilities Commission is requested to consider whether a standardized application that requires electric utility companies to file more than sufficient information to facilitate a streamlined and efficient review process is warranted, rather than requiring regulators to rely on a discovery process to address concerns; and
BE IT FURTHER RESOLVED that the Public Utilities Commission is requested to ensure that a level playing field and appropriate levels of competition in the telecommunications infrastructure industry is maintained; and
BE
IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to
the Chairperson of the Public Utilities Commission; Executive Director of the Division
of Consumer Advocacy; Director of Business, Economic Development, and Tourism; President
and Chief Executive Officer of the Hawaiian Electric Company, Inc.; and Chair of
the Board of Directors of the Kaua‘i
Island Utility Cooperative.
Broadband; Public Utilities Commission