The state Department of Commerce and Consumer Affairs is developing a statewide cable access plan to better respond to community needs and to strengthen services provided by public, education and government access organizations on Kaua‘i and other islands. One major
The state Department of Commerce and Consumer Affairs is developing a statewide cable access plan to better respond to community needs and to strengthen services provided by public, education and government access organizations on Kaua‘i and other islands.
One major change, if implemented, could give counties more power in regulating public, education and government (PEG) organizations like Ho‘ike, which services Kaua‘i.
Increased involvement by Kaua‘i County officials could open the way for more public participation in running Ho‘ike, although representatives for Ho‘ike say the public is already involved in that aspect.
Ho‘ike videotapes meetings of the Kaua‘i County Council and the Kaua‘i County Planning Commission and broadcasts them for public viewing.
State agency officials have scheduled a meeting on Aug. 13 on Kaua‘i to solicit public comments on the draft plan.
The meeting is scheduled to be held at the Lihu‘e Civic Center between 4:30 and 6:30 p.m.
To facilitate public discussion, the state agency has released the plan identifying current government policies toward PEG access organizations, and possible changes.
Federal law allows local franchising authorities to regulate the cable television industry. The Legislature designated the state agency as the governing body for that industry.
The state agency regulates Ho‘ike, Na Leo ‘O Hawaii Inc. on the Big Island, Akaku, Maui Community Television Inc., and ‘Olelo, the Corporation for Community Television on O‘ahu.
The drafters of the plan looked at an option allowing counties to take the lead in negotiating franchise conditions, and having the state agency approve the final product.
Another proposal calls for changing the way PEG access organization board members are appointed.
Ho‘ike has nine board members, seven of whom are appointed by the state agency and two are “operated-appointed.”
A recent opinion by the state Office of Information Practices said the board appointment powers of the state agency positioned the PEG organizations as “agencies for the Uniform Information Practices,” state officials said in the plan.
Observers contend the opinion has jeopardized the non-profit status of PEG access organizations.
The drafters of the plan looked at various options to avoid problems, including self-appointment of members by PEG boards and election of board members by PEG constituents.
Another key issue brought out by the plan involved redistribution of franchise fees among the four counties with PEG access organizations.
By federal law, the state agency can assess up to 5 percent of a cable television operator’s gross revenues for franchise fees.
The recipients of the fees from Oceanic Time Warner Cable include the four PEG access organizations, the state agency and the Hawaii Public Television Foundation.
Franchise fee assessments are consistent statewide, except for an agreement that is in place for ‘Olelo on O‘ahu. The O‘ahu PEG access organization is subject to a $3.7 million cap that may increase yearly based on the Consumer Price Index, the plan said.
As part of the total assessed fees collected by PEG organizations, the cap is compared against a 3 percent franchise fee collected by each PEG organization serving their respective counties, and the lower amount is remitted to ‘Olelo, the state agency said.
Some people believe the neighbor islands should receive a larger distribution for better services, the drafters of the plan said.
Ed Coll, an electronic media watchdog on Kaua‘i, said the state’s draft plan is flawed because it moves away from state Sunshine Laws on meetings.
“The sunshine law issue is not even addressed in the plan,” Coll said in a news release, “though the public repeatedly asks for the policy enforcement.”
Coll said he hopes the state agency, PEG access staff and residents use online forms to keep informed.
Coll also complained the state agency initially made the plan available in a non-interactive form, making “dialogue difficult.” The plan has been reformatted to now include interactive links.
