STAND. COM. REP. NO. 2920

Honolulu, Hawaii

RE: S.B. No. 2432

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2432, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CABLE TELEVISION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Remove the requirement that the Director of Commerce and Consumer Affairs take into account the geography and topography of a proposed service area, and the present, planned, and potential expansion in facilities or cable services in determining the service area of an applicant's proposed cable system and existing cable systems; and

(2) Require that the Director of Commerce and Consumer Affairs require cable operators to provide cable service to residences in their service area where there is a minimum density of at least twenty-five homes per linear mile, with certain exceptions.

Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and Charter Communications.

Your Committee finds that because of the importance of being aware of today's current events, a lack of access to cable television service places a burden and hardship upon residents of the State that live in certain areas. This measure provides residents in these areas with access to cable services based on demonstrated cable-related community needs and promotes consumer choice among competing cable service providers.

Your Committee has amended this measure by:

(1) Expanding the exemption to service deployment requirements to include conditions in which a person offers video programming or a video programming service;

(2) Inserting language that exempts cable operators from minimum density requirements where it is technically infeasible to offer service or if the cable operator is unable to obtain reasonable access to the facilities necessary to build out its cable system;

(3) Inserting language that authorizes the Director of Commerce and Consumer Affairs to grant waivers from service deployment requirements;

(4) Inserting an effective date of January 2, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2432, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2432, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

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ROSALYN H. BAKER, Chair