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DHHL staff recommends terminating Waimana Enterprises’ license over alleged breaches; interim plan proposed
Summary
DHHL presented a recommendation to terminate license 372 held by Waimana Enterprises and its assignees, citing unpaid fees and penalties (stated as exceeding $953,194), refusal to cooperate with the Hawaii PUC, an FCC finding for unauthorized discontinuance, regulatory violations, maintenance failures and indicators of abandonment; staff proposed immediate possession and interim carrier licenses to maintain service continuity. No final vote on termination is recorded in the transcript.
Connor Albino, land‑management division income properties manager, introduced agenda item F‑9 and said the Land Management Division seeks approval to terminate license number 372 as to Waimana Enterprises and its assignees and to implement a continuity plan for telecommunications sites on DHHL lands.
Land agent Andrew (Santel/Sante) summarized the chronology: the license was issued in 1995 with later partial assignments; beginning in the mid‑2020s the licensee and affiliates entered extended nonperformance and regulatory trouble. Staff cited a 2024 public announcement of discontinuance of service that prompted federal and state orders and said DHHL issued a notice of breach on Aug. 13, 2025 that was hand‑delivered and accepted in September 2025; a 60‑day cure period expired Nov. 1, 2025.
Staff listed the grounds for termination: “First, the failure to pay license fees owed to DHHL, with penalties exceeding $953,194 as of November 2025.” They added alleged refusal to cooperate with the Hawaii Public Utilities Commission (PUC) and a June 3, 2024 FCC letter finding a failure to obtain prior approval before discontinuing service. Staff also cited PUC findings of violations of Hawaii Administrative Rules (sections cited in the transcript) and described maintenance, public‑safety and access failures, including consultant‑flagged structural corrosion at a Keaukaha tower.
To preserve public safety and service continuity, staff recommended that upon commission approval DHHL would terminate license 372 under Section 19, take possession of premises, secure sites, conduct inspections and inventory, and act as interim licensor while issuing short‑term, site‑specific license agreements to carriers so service remains uninterrupted. Staff proposed redirecting rents and fees remitted to Waimana to DHHL effective on the termination date and authorized the chair to issue a termination notice and related record corrections.
The presentation included a request that the licensee submit an access request with insurance and equipment lists within 14 calendar days after termination and described escorted, island‑by‑island access for removal of property. The transcript records the staff recommendation and background facts but does not include a recorded commission vote or final action on F‑9 in the available segment.
