THE SENATE	S.B. NO.	707
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO CABLE TELEVISION SYSTEMS.

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

     SECTION 1.  Chapter 440G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§440G-   Designation of access organizations for PEG access channels. (a)  The director may designate one or more access organizations to oversee the development, operation, supervision, management, production, and broadcasting of programs of public, educational, or governmental access facilities obtained under this chapter, rules of the department, or order of the director; provided that:

(1) The requirements for designating an access organization shall be prescribed by rule adopted in accordance with chapter 91;

(2) The director shall by contract:

(A) Designate access organizations;

(B) Set forth terms and conditions for the operation of the access organization, which shall be fair to the public, taking into account the geographic, topographic, and economic characteristics of the service area, and the economics of providing cable access in the service area;

(C) Identify government-owned property, government-furnished property, and contractor-acquired property held by the access organization in which the State retains title, and establish the parties' obligation with respect to the property; and

(D) Require the access organization, upon termination or expiration of the contract, to return unobligated funds received under the contract to the State or its designee, pursuant to the cost principles of section 103D-601 and rules adopted thereunder;

(3) Notwithstanding any other provision to the contrary in chapter 103D, the designation of an access organization shall be exempt from the requirements of chapter 103D; provided that this exemption shall not apply to procurements made by any access organization; and

(4) A contract designating an access organization shall not be perpetual.

(b)  Any decision designating, modifying, or rescinding the designation of an access organization or the requirements therefor shall first be submitted to the cable advisory committee established by section 440G-13."

     SECTION 2.  Section 440G-13, Hawaii Revised Statutes, is amended to read as follows:

     "§440G-13  Cable advisory committee. (a)  There is established the cable advisory committee.  The committee shall consist of five members appointed by the governor as provided in section 26-34.

     The committee shall advise [the]:

(1) The director [and], cable operators, and access organizations on matters within the jurisdiction of this chapter at the request of the director [or], any cable operator[.], or any access organization; and

(2) The director on any decision designating, modifying, or rescinding a designation of an access organization or the requirements therefor, as provided in section 440G-  .

(b)  The members of the committee shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in discharge of their duties."

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

     SECTION 4.  This Act shall take effect on July 1, 2010.

Report Title:

Cable Television Systems; Access Organizations; Cable Advisory Committee; Director of Commerce and Consumer Affairs

Description:

Codifies and clarifies the process by which the Director of Commerce and Consumer Affairs designates access organizations to oversee public, educational, and governmental channels on cable television.  (SB707 HD1)

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