FCC Draft Order Said to Pre-empt 'Exclusive' Hawaii License of Sandwich Isles Parent
A draft FCC order would pre-empt a Hawaii license of Sandwich Isles Communications and its parent Waimana Enterprises, a commission official told us Wednesday. The official said the draft reviews the license under Communications Act Section 253, which mandates the…
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FCC pre-empt state and local prohibitions on the provision of telecom services. The draft circulated internally June 19, according to the circulation list. The Wireline Bureau in February sought comment in docket 10-90 on the Department of Hawaiian Home Lands' (DHHL) request for guidance on the "exclusive" license it gave Waimana in 1995 (subsequently partially assigned directly to Sandwich Isles), and whether it conflicted with Section 253 (see 1702070049). Waimana and founder Albert Hee disputed DHHL's request for guidance on a license granted more than 20 years earlier, with the company saying competitors were allowed to use Sandwich Isles lines but none had agreed to serve the entire market (see 1702280063). Crown Castle commented in February that it had sublet a wireless tower from T-Mobile, which had a 2006 cellular license agreement with DHHL for two five-year periods and an option for two five-year extensions. Crown Castle said when it, on behalf of T-Mobile, sought to exercise that option, DHHL responded that Sandwich Isles had exclusive rights to transmit broadband service from DHHL properties. Crown Castle asked the FCC to clarify that any interpretation of the license that excludes mobile broadband services would violate Section 253. Counsels for Sandwich Isles, DHHL and Crown Castle didn't comment Wednesday.