THE SENATE	S.B. NO.	2788
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to cable television systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  The legislature finds that:

     (1)  The Federal Communications Commission is expected to make significant changes to broadband, telecommunications, and cable franchise regulation in the near future;

     (2)  Substantial changes are taking place rapidly in broadband and communications technology; and

     (3)  The foregoing changes may need to be addressed in future cable franchise agreements on a more regular basis than the current fifteen-year franchise agreements allow.

Accordingly, the purpose of this Act is to authorize the director of commerce and consumer affairs to issue franchise agreements that are subject to review every five years when regulatory or technological changes require a review.

     SECTION 2.  Section 440G-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  In issuing a cable franchise under this chapter, the director is not restricted to approving or disapproving the application or proposal but may issue it for only partial exercise of the privilege sought or may attach to the exercise of the right granted by the cable franchise terms, limitations, and conditions which the director deems the public interest may require.  The cable franchise shall be nonexclusive, shall include a description of the service area in which the cable system is to be constructed, extended, or operated and the approximate date on which the service is to commence and shall authorize the cable operator to provide service for a term of fifteen years[.]; provided that the franchise agreement may be subject to review and amendment every five years of the franchise term should the director determine that substantial technological or regulatory changes may necessitate a review."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Cable Television Systems

Description:

Authorizes the director of the department of commerce and consumer affairs to issue cable franchise agreements that are subject to review every five years when regulatory or technological changes require a review.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.