Agenda - Planning Commission - 11/02/2006

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Page 2 - Special Issue ZB. Dear Subscriber: We are pleased .to offer you this Special Issue, and we want to take the ~me to thank you for choosing our publication. Our newsletters are meant to keep you on the cutting edge of new developments and help you implement the best practices that will save you money and time. Peruse our website for infonnation about all of our products and services at www.quinlan.com or call us at (800) 229-2084. . ?;;:Y~ Dennis Hofmazer Publisher The Telecommunications Act of 1996 Wireless provider wants to hide antenna in fake chimney Lawmakers believe plan undermines legislative intent Citation: T-Mobile USA Inc. v. County of Hawaii Planning Commission, Slfpreme Court of Hawaii, No. 24381 HAWAII - Voicestream PCS II Corporation wanted to install a .stealth an- tenna at a private residence in an agricultural area. Voicestream planned to attach a false chimney and to build a separate garage to house antenna equip- ment. The County of Hawaii Planning Commission determined Voicestream was required to apply for special permits. Voicestream sued, challenging the commission's contention that special pennits were required. The court ruled in favor of the commission. It found Voicestream's planned structures did not fulfill the legi~lative intent of the relevant law, which was passed at a time when landlines were still the major way of providing communications. Voicestream appealed, arguing its plan clearly fulfilled the relevant legisla- tive intent. DECISION: Reversed. The structures in the instant case, namely the false chimney and the garage housing accompanying equipment, were consistent with the legislature's intent. According to the relevant law, the legislature's intent was to "better serve farmers and others residing in agricultural lands. " Importantly, there was no difference in function between the landlines available when the law was passed @ 2006 Quinlan Publishing Group. Any reproduction is prohibited. For more information please call (617) 542-0048. 48 /.~ : . t",.- . t.:.':.:.