SR107

THE SENATE	S.R. NO.	107
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

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SENATE RESOLUTION

 

REQUESTING AN EVALUATION OF A LEGISLATIVE ROLE IN OVERSEEING AND ENSURING EQUITABLE PUBLIC, EDUCATION, AND GOVERNMENT CABLE TELEVISION ACCESS.

 

WHEREAS, pursuant to chapter 440G, Hawaii Revised Statutes, the State requires its cable television franchisees to provide public, education, and government (PEG) cable access channels; and

WHEREAS, the State contracts with access organizations to coordinate the content that is shown on the PEG channels, and requires its cable television franchisees to pay a certain percentage of their gross revenues to the access organization for their counties; and

WHEREAS, the State maintains oversight and a certain degree of control over the access organizations by appointing a majority of each access organization's directors through the Department of Commerce and Consumer Affairs, which has been delegated virtually all authority regarding PEG franchise agreements; and

WHEREAS, there have been complaints about some of the PEG access organizations' implementation of their duties, and the Legislature needs to be involved permanently in this important public policy issue; and

WHEREAS, in 1995, the Legislative Reference Bureau studied issues relating to the PEG access organizations, and with the passing of time and the various changes in implementation, it is time that the situation was re-examined; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, that the Legislative Reference Bureau is requested to examine the issue of adding legislative involvement in overseeing and ensuring equitable PEG access, in the areas of:

(1) Equitable distribution of franchise fees and other funds;

(2) Democratic governance and structure under the Sunshine Law;

(3) Fair decision making that is made in the best interest of all of Hawaii's residents;

(4) Maximum utilization of PEG resources (e.g., sharing of programs among the island PEGs, statewide diversity in programming, and joint efforts);

(5) Carrying out the intent of the federal law to ensure cable companies contribute to the community;

(6) Comparing Hawaii with other non-profit cable access corporations across the United States, to review the structure and roles of the PEG access corporations in Hawaii;

(7) Determining whether the demand for training and personnel is adequately being met through current training requirements; and

(8) Ensuring that, from the perspective of programming content, government officials do not abuse cable access for purposes other than public access to government; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to include in the study recommendations on what the possible roles could be of the Legislature in this area, and how the Legislature might interface with the Department of Commerce and Consumer Affairs; and

BE IT FURTHER RESOLVED that the Department of Commerce and Consumer Affairs is requested to cooperate with the Bureau and give the Bureau timely information and assistance in completing this study; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit its findings and recommendations twenty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of the Legislative Reference Bureau and the Director of Commerce and Consumer Affairs.

 

 

	OFFERED BY:	_____________________________

Report Title:

Legislative Role in PEG Cable Television Access