THE SENATE                           S.C.R. NO.            41
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE DIRECTOR OF COMMERCE AND CONSUMER AFFAIRS TO
    INVESTIGATE OCEANIC CABLE FOR POSSIBLE UNFAIR AND
    MONOPOLISTIC PRACTICES FOR CHARGING BULK RATES TO MULTI-
    DWELLING BUILDINGS THAT ARE PASSED ON AS PART OF BUILDING
    MAINTENANCE FEES. 


 1        WHEREAS, the Department of Commerce and Consumer Affairs
 2   (DCCA) has regulatory jurisdiction over cable television
 3   systems under chapter 440G, Hawaii Revised Statutes (HRS); and
 4   
 5        WHEREAS, section 440G-8.1(c), HRS, provides that the
 6   Director of Commerce and Consumer Affairs shall ensure that the
 7   terms and conditions upon which cable service is provided are
 8   fair both to the public and the cable operator, taking into
 9   account the geographic, topographic, and economic
10   characteristics of the service area and the economies of
11   providing cable service to subscribers in a service area; and
12   
13        WHEREAS, Oceanic Cable is a cable television system under
14   the regulatory jurisdiction of the DCCA; and
15   
16        WHEREAS, it has been brought to the legislature's
17   attention that Oceanic Cable may have an unfair monopoly in
18   supplying cable television service to apartments and
19   condominiums; and
20   
21        WHEREAS, it has been alleged that Oceanic Cable charges
22   bulk rates to multi-dwelling buildings that are passed on to
23   residents as part of maintenance fees, regardless of whether or
24   not any resident wants to subscribe to the cable service,
25   whether or not they own a television, and whether or not the
26   unit is occupied; and
27   
28        WHEREAS, a DCCA investigation into Oceanic Cable's
29   apparent monopoly and unfair business practices is necessary to
30   protect Hawaii consumers; now, therefore,
31   
32        BE IT RESOLVED by the Senate of the Twentieth Legislature
33   of the State of Hawaii, Regular Session of 2000, the House of

 
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                                  S.C.R. NO.            41
                                                        
                                                        

 
 1   Representatives concurring, that the Director of Commerce and
 2   Consumer Affairs is requested to investigate Oceanic Cable for
 3   possible unfair and monopolistic practices in charging bulk
 4   rates to multi-dwelling buildings that are passed on as part of
 5   building maintenance fees; and
 6   
 7        BE IT FURTHER RESOLVED that the Director of Commerce and
 8   Consumer Affairs determine if residents of each individual
 9   apartment or condominium unit should have the option of whether
10   or not to subscribe to cable service and whether or not owners
11   should pay for cable service if the unit is unoccupied; and
12   
13        BE IT FURTHER RESOLVED that certified copies of this
14   Concurrent Resolution be transmitted to the Director of
15   Commerce and Consumer Affairs and Oceanic Cable.
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19                         OFFERED BY:  ____________________________