Take action on Broadband Bills

PEG Access Needs Your Help!

Help a Bill Become Law!

Senate Bill 707 and House Bill 564 were introduced near the beginning of this 2009 Legislative session. Both bills are titled, “Relating to Cable Television Systems” and will clarify the legislature’s policy for the agency and the public, and they will create clear and minimal guidelines that keep the “community” in “community access media”.

Additionally, Governor Linda Lingle unveiled her Broadband Communications plan for the state of Hawaii. While Akaku applauds Gov. Lingle for her vision, we urge you and Hawaii decision makers to ensure access for all local communities, and see that all Hawaii’s residents benefit from improved broadband infrastructure. Her plan calls for a Hawaii Communications Commission (HCC) and “tasks it with investigating, promoting, and ensuring the growth and development of broadband infrastructure within the state.” Related bills before the legislature are: SB895/HB1077, relating to the HCC; and SB1680/HB984, Relating to Technology.

• Demand the PEG Protection Language is inserted in the Broadband legislation. (Click here to view a .pdf of the language that is needed.)

What’s New?

• SB1680, Relating to Technology will be heard in the House Finance (FIN) Committee tomorrow, April 3, 2009 at 4:30 PM.
  • See Jay April’s Testimony to the FIN Committee here!

Senate Bill 1680 (SB1680) & House Bill 984 (HB984, HD3), Relating to Technology: Implements key recommendations of the Hawaii broadband task force by establishing the Hawaii communications commissioner (HCC) in the department of commerce and consumer affairs (DCCA). Transfers functions relating to telecommunications from the public utilities commission to the HCC and functions relating to cable services from DCCA to the HCC. Establishes a work group to develop procedures to streamline state and county broadband regulation, franchising, and permitting and report to the legislature.

• Spearheaded by Gov. Lingle, based on the recommendations of the Broadband Task Force (not to be confused with the task force mentioned further below).
• Read Jay’s Testimony on Broadband Bills SB 1680 and HB 984 calling that lawmakers ensure access to all “public rights of way” to all communities.

Senate Bill 895 (SB895), Relating to the Hawaii Communications Commission (HCC): Establishes the Hawaii Communications Commission (HCC) in the Department of Commerce and Consumer Affairs (DCCA). Transfers functions relating to telecommunications from the Public Utilities Commission (PUC) to the HCC. Also transfers functions relating to cable services from DCCA to HCC.

House Bill 1077 (HB1077), Relating to the Hawaii Communications Commission (HCC): This is the House companion bill to SB895.

Senate Bill 707 (SB707), Relating to Cable Television Systems: Allows the director of commerce and consumer affairs (DCCA) to designate an access organization to oversee PEG channels on cable television.

• Introduced on January 23, 2009 by State Senators Kalani English, Rosalyn Baker, Shan Tsutsui, and Norman Sakamoto.

House Bill 564 (HB564), Relating to Cable Television Systems: Allows the director of commerce and consumer affairs (DCCA) to designate an access organization to oversee PEG channels on cable television.

• Introduced on January 23, 2009, by House Representatives Angus McKelvey, Lyla Berg, Mele Carroll, Hermina Morita, Joe Bertram III and Marilyn Lee

Both bills address the same issue as last year’s Senate Bill 1789, which “allows the director of commerce and consumer affairs to designate an access organization to oversee public, educational, and governmental channels on cable television.”

Senate Bill 1789 was introduced during the 2008 Legislative session and received wide public support, but failed to pass in the legislature, as the bill quietly died on the house and senate committee floor. Despite the overwhelming evidence and testimonies from over a thousand Hawaii residents, an elite few still managed to silence the voice of the bill behind closed doors.

This year Akaku continues to move forward in efforts to remind the House and Senate that public access is an asset to the communities they serve.

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Mahalo for your voices against procurement for public access!

The Hawaii State legislature passed House Concurrent Resolution 358 (HCR358) during the 2008 legislative season to establish a task force exploring alternatives to the Request for Proposal (RFP) process–also referred to as the “procurement process”.

Members of the Task Force have completed their recommendations and shared them with the State legislature! Read the short, easy-to-understand report to bone up on what the Task Force recommends to the Hawaii State legislature. We look forward to informing you this upcoming legislative session on opportunities to connect with your lawmakers in support of keeping the community in community access television!

• The four-page report includes recommendations to the Legislature to:
  • Exempt PEG access organizations from the provisions of the State Procurement Code
  • Adopt rules that guide the designation of community access organizations with “ample opportunity for input by the public on each island”

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Previous HCR358 Task Force Meetings, Agenda & Minutes

• Monday, Dec. 8, 2008, 2:30-4 pm, for HCR358 Task Force Meeting at the Wailuku Judiciary Building (2145 Main Street, First Floor, Wailuku). The DCCA invites members of the public to attend and will provide a time for public testimony..
• Wednesday, Nov. 5, 8-11:30 am, for HCR358 Task Force Meeting at the Wailuku Judiciary Building. (Meeting minutes as yet unavailable.)
• HCR358 Task Force Meeting, Wednesday, Oct. 22, 2008, 8 – 10:30 am at the Wailuku Judiciary Building (“HCR358 Minutes for Meeting, Oct. 9, 2008“)
• HCR358 Task Force Meeting, Thursday, Oct. 9, 2008, 8 – 11:30 am at the Wailuku Judiciary Building. (“HCR358 Minutes for Meeting, Oct. 9, 2008” & “Additional document for 10/9“)
• HCR358 Task Force Meeting, Wednesday, Sept. 24, 2008, 1-4 pm at the Wailuku Judiciary Building. (“HCR358 Minutes for Meeting, Sept. 24, 2008″ & “Additional document for 09/24″)
• HCR358 Task Force Meeting, Thursday, Aug. 27, 2008, 1-4 pm at the Wailuku Judiciary Building. (“HCR358 Minutes for Meeting, Aug. 27, 2008″ & “Additional documents for 08/27″)
• HCR358 Task Force Meeting, Monday, Aug. 4, 2008, 1 – 4 pm at the Wailuku Judiciary Building. (“HCR358 Minutes for Meeting, Aug. 4, 2008″.)
• HCR358 Task Force Meeting, Monday, June 30, 3008, 1-4 pm at the Wailuku Judiciary Building. (“HCR358 Minutes for Meeting, June 30, 2008″.)

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Background Information on the Task Force

Below we share some information to help you think about what’s really happening. Feel free browse and borrow language to craft your own testimony or statement.

“Moloka`i & Maui Join Voices Against Procurement” – opinion piece recognizes the overwhelming opposition to the RFP process, as advanced by the DCCA.

“Task Force: Suspend Cable Access Rulemaking!” – This opinion piece responds to the DCCA’s continuted efforts to advance rulemaking before the Task Force has even had a chance to study alternatives to procurement and share their findings with the legislature.

“State-Controlled TV: Is That our Future?” – This opinion piece notes how the DCCA refuses to make video-conferencing available to the residents of Moloka`i when it comes to Task Force discussions about alternatives to procurement, but it will facilitate public hearings on the Friendly Isle when it seeks buy-in for proposed rules that assume procurement as a foregone conclusion.

On the Formation of the Task Force, by Jay April, President/CEO of Akaku — Jay April shares his perspective on how the task force came to be in this document.

Eleven Talking Points about Public, Education & Government (PEG) Access — This document outlines some talking points you may feel informative as you develop your written comments to inform the HCR358 Task Force of your needs regarding community access television.

Akaku: Maui Community Television and Hawaii’s other community access organizations, who have joined their voices and formed the Free Speech Hawaii Coalition, would have preferred to see the passage of SB1789 during the last legislative season. While SB1789 received wide grassroots support, we believe HCR358 sends a message to the Department of Commerce and Consumer Affairs (DCCA) , the State Procurement Office (SPO) and lawmakers to rethink the RFP process as it relates to public, education and government (PEG) access and all matters regarding the local communities’ access to free speech and mass media.

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Putting the Public in Public Access!

The DCCA moved forward and proposed new rules to advance procurement. The agency requested your feedback at Public Hearings scheduled across Hawaiian islands, and Akaku is pleased to share the video of your overwhelming opposition to the proposed rules and to procurement. (Scroll further below to see the full video of community testimony on Maui, Oct. 8.)

The proposed amendments are available at http://www.hawaii.gov/dcca, but can be more easily accessed here: DCCA Proposed Amendments to Hawaii Administrative Rules section 16-131, pertaining to the designation and selection of public, educational, and governmental (“PEG”) access organizations.

In Maui County the public hearing dates were:

Tuesday, October 7, 2008, 3-5 pm, Island of Moloka`i, Kulana`Oiwi DHHL/OHA, Conference Room, 600 Maunaloa Highway, Kaunakakai, HI 96748.

Wednesday, October 8, 2008, 4:30-6:30 pm, Island of Maui, Cameron Center Auditorium, 95 Mahalani Street, Wailuku, HI 96793.

View the above video to see testimony from residents on Maui (recorded at the Oct. 8 public hearing).