|
THE SENATE |
S.B. NO. |
2788 |
|
TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
|
|
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 and rapid changes are currently taking place in broadband and communications technology; and
(3) These changes may need to be addressed in future cable franchise agreements on a more frequent 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 director
may require the cable operator to conduct a review and develop a technology
upgrade plan for its cable system after every five-year period during the
franchise term if the director determines that substantial technological or
regulatory changes necessitate a review. Pursuant to the findings of a review
conducted pursuant to this subsection, the director may require the cable
operator to upgrade its cable system or to take other appropriate action
consistent with the cable franchise."
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 Statutory material to be repealed is bracketed and stricken.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.
Report Title:
Cable Television Systems
Description:
Authorizes the director of the department of commerce and consumer affairs to require cable franchise operators to conduct a review and develop a technology upgrade plan every five years during the franchise agreement and to take any action indicated by the review. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.