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DHHL staff recommends terminating License No. 372 for alleged long‑running broadband noncompliance
Summary
DHHL Land Management Division staff told the Hawaiian Homes Commission they recommend terminating License No. 372 (issued to Waimana Enterprises and assignees) citing unpaid fees (penalties > $953,194), PUC/FCC findings and alleged infrastructure neglect; staff proposed interim carrier licenses to maintain service continuity.
The Department of Hawaiian Home Lands (DHHL) presented a staff recommendation Nov. 17 for the Commission to terminate License No. 372, originally issued in 1995 to Waimana Enterprises and later partially assigned to other operators.
Kahana Albino, Land Management Division income properties manager, introduced the agenda item and said the termination would be based on multiple alleged breaches. Land agent Andrew Sante summarized staff findings, citing unpaid license fees and penalties “exceeding $953,194 as of November 2025,” staff allegations of refusal to cooperate with a Hawaii Public Utilities Commission fitness docket, an FCC determination tied to an unauthorized discontinuance of service (June 3, 2024), and alleged violations of Hawaii Administrative Rules cited in the PUC’s July 22, 2024 decision.
Staff told commissioners the notice of breach was hand‑delivered Aug. 19, accepted by certified mail Sept. 2, 2025, and provided a 60‑day cure period that expired Nov. 1. Sante said the sites under the license remain live and continue to carry traffic, including two facilities handling FirstNet public‑safety traffic. He also reported physical condition concerns, including significant corrosion at the Keaukaha Self Support Tower that requires structural mapping and remediation.
Because carriers operating on the sites have historically remitted rents and fees to the licensee rather than DHHL, staff proposed that, if the Commission approves termination, DHHL would take possession of the premises, secure sites for public safety, inventory equipment, oversee inspections and redirect rents and fees formerly remitted to the licensee to DHHL. Staff proposed issuing short‑term, site‑specific interim license agreements to preserve service continuity while long‑term dispositions are negotiated. The recommended actions would also authorize chair signature on a notice of termination and authorize record corrections and FAA/FCC‑related directives.
Staff emphasized procedural steps for post‑termination access: requiring the licensee to supply a single point of contact, insurance and equipment lists within 14 calendar days; DHHL would then issue an island‑by‑island escorted access schedule with supervised, limited access windows. Failure to comply, staff said, would allow DHHL to retain or remove property at the licensee’s cost consistent with the license.
The item included representation from DHHL counsel and technical consultants; staff asked the Commission to authorize the termination and interim administration steps to protect public safety and preserve uninterrupted service. The transcript provided ends with staff describing the continuity proposal; a recorded Commission vote on the termination is not present in the provided segments.
Next steps: staff requested Commission authorization to issue a termination notice and implement the interim continuity plan; the transcript ends before a recorded vote appears in the supplied segments.
