New Rules Governing Public Access TV Die in Hawaii Legislature

By Claudine San Nicolas
Maui News

Despite widespread statewide support, including from those associated with Akaku: Maui Community Television, legislation to clarify rules for public-access television stations has died this legislative session.

“It’s disappointing,” said Wailuku attorney Lance Collins, who has represented the board of Akaku in lawsuits against the state.

Senate Bill 1789 — drafted by Maui Sens. Roz Baker, Shan Tsutsui and J. Kalani English — would have required the Department of Commerce and Consumer Affairs to create rules for how it awards contracts to “public-access, education and government” (PEG) cable television organizations. The proposal also would have required the Cable Advisory Committee to hear complaints related to the stations.

Collins said the bill would have reduced the ambiguity that has led to litigation, by requiring the DCCA to create a public process for regulating PEGs and awarding contracts.

“You essentially have an agency that is not using standards when they exercise discretion,” Collins said.

The bill was passed from the Senate to the House, and passed out of the Finance Committee in March. But the committee report apparently was never filed, and that inaction prevented the bill from being sent back to the full House for a vote.

In an e-mail to The Maui News, Baker said, “The net effect is that the bill is dead.”

Meanwhile, Rep. Kyle Yamashita, D-Upcountry, introduced a House concurrent resolution March 12 that requests the Department of Commerce and Consumer Affairs to form a task force to look at alternatives to public procurement to award PEG contracts.

House Concurrent Resolution 358 passed to the Senate, and was referred to the Committee on Commerce, Consumer Protection and Affordable Housing and the Committee on Tourism and Government Operations.

Collins said Akaku supports the intent behind Yamashita’s resolution, but added the resolution does not resolve any of the procurement issues the public station had hoped to address through legislation.


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