(a) The director may designate access organizations in each franchise area to oversee the development, operation, supervision, management, production, and broadcasting of programs of public, educational, or governmental access facilities obtained under section cable franchise authority; criteria; content” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”HI”>440G-8; provided that the designation shall be exempt from chapter 103D.
Terms Used In Hawaii Revised Statutes 440G-8.3
Access organization: means any nonprofit organization designated by the director to oversee the development, operation, supervision, management, production, or broadcasting of programs for any channels obtained under section 440G-8, and any officers, agents, and employees of such an organization with respect to matters within the course and scope of their employment by the access organization. See Hawaii Revised Statutes 440G-3
Cable franchise: means a nonexclusive initial authorization or renewal thereof issued pursuant to this chapter, whether the authorization is designated as a franchise, permit, order, contract, agreement, or otherwise, which authorizes the construction or operation of a cable system. See Hawaii Revised Statutes 440G-3
Service area: means the geographic area for which a cable operator has been issued a cable franchise. See Hawaii Revised Statutes 440G-3
Uphold: The decision of an appellate court not to reverse a lower court decision.
(b) No access organization shall be designated except upon written application or proposal to the director, and following a public hearing on each island within the local franchise area that provides opportunity for public input and allows interested parties to intervene.(c) In determining whether to make a designation, the director shall consider:
(1) The content of the application or proposal;(2) The public need for the proposed service;(3) The ability and experience of the applicant to offer public, educational, or government programming broadcast services;(4) The suitability of the applicant;(5) The financial responsibility of the applicant;(6) The technical and operational ability of the applicant to perform efficiently the services for which the designation is requested;(7) Any objections arising from the public hearing, the cable advisory committee, or elsewhere; and(8) Any other matters that the director deems appropriate under the circumstances.(d) The director may require an applicant to provide information on its process for selecting members of its board of directors; provided that the director shall have no authority to require that an applicant amend its selection process as a condition of designation.(e) An applicant shall provide information regarding its past performance and any proposed practices for ensuring that the public, educational, or governmental access facilities support the diversity of viewpoints and uphold the public’s right of free speech.(f) The director shall ensure that the terms and conditions required of the operation of an access organization designated under subsection (a) are 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.(g) Any decision designating, modifying, or rescinding a designation of an access organization or the requirements therefor shall first be submitted to the cable advisory committee for advice under § 440G-13.
