STAND. COM. REP. NO. 384-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2437
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 2437, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CABLE TELEVISION,"
begs leave to report as follows:
The purpose of this bill is to:
(1) Provide the Department of Commerce and Consumer Affairs (DCCA) with explicit statutory authority to implement a three-year pilot program to provide additional funding to support public, education, and government (PEG) cable television access in underserved areas;
(2) Appropriate $800,000 from the Compliance Resolution Fund (CRF) for the initial year of the pilot program; and
(3) Require reports to the Legislature in 2005 and 2006 on PEG access program viewership, and facility, equipment, and operations usage.
Your Committee heard testimony in support of this bill from the Director of DCCA (Director) and Akaku: Maui Community Television.
The Director proposed amendments to the bill that would allow DCCA to release program funds during fiscal year 2004-2005. The Director testified that although the amendments would short circuit normal procedures, they would not deprive the public or interested parties of the ability to comment on the guidelines that will govern project procedures, as DCCA will adopt these guidelines after a duly noticed public hearing. Your Committee has made the requested amendments based on the Director's representations.
Your Committee has amended this bill to:
(1) Allow DCCA to establish by decision and order, standards and conditions for the use of the fees deposited into the CRF;
(2) Provide that DCCA's decision and order are not subject to the requirements of chapter 91, Hawaii Revised Statutes (HRS), including its rulemaking requirements;
(3) Exempt funding provided by this bill from the grant and subsidy requirements of chapter 42F, HRS; and
(4) Make technical, nonsubstantive amendments for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2437, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 2437, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,
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____________________________ KENNETH T. HIRAKI, Chair |
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