WHEREAS, the Department of Commerce and Consumer Affairs (DCCA) is responsible for the regulation of the cable TV industry through franchising of cable operators in the State of Hawaii; and
WHEREAS, the DCCA requires that cable operators contribute community benefits in exchange for their privilege of occupying public rights of way; and
WHEREAS, community access media resources devoted to providing public, educational, and governmental programming services, known as PEG access, are among the substantial community benefits derived from the regulation of the cable industry; and
WHEREAS, the DCCA has created PEG access organizations in each of the four counties; and
WHEREAS, Maui County is the only County in the State that has both an access organization, known as Akaku: Maui Community Television (Akaku) to manage the cable access funds and administer community media resources for Maui County, as well as this advisory body known as the Maui PEG Access Consortium to assist in the management and planning for community access resources; and
WHEREAS, the Maui PEG Access Consortium, as determined by the DCCA, consists of members representing the County of Maui administration, the Maui County Council, the Maui District of the Hawaii Department of Education, Maui Community College, Akaku, and the cable operators who provide service in Maui County; and
WHEREAS, the Maui PEG Access Consortium parties are committed to work together to develop the best possible community access media resources for Maui County, yet find that doing so under the current structure is unwieldy; and
WHEREAS, the Cable Television Division, Department of Commerce and Consumer Affairs hired Constance A. Hassell to conduct a study of the statewide PEG access plan; and
WHEREAS, the study, entitled " Disputes over PEG Resources; Splitting the Baby is NOT the Solution," was completed in 1997; and
WHEREAS, the Hassell study states that the "DCCA should resolve the situation in Maui County, where a legally nonexistent but exceptionally influential consortium allocates channel time and funds. The current arrangement is untenable; decision making has already been diffused to the point of occasional paralysis"; and
WHEREAS, the Hassell study also states "Moreover, DCCA's regular dealing with this consortium directly involve it in managing PEG Access funds which could make the portion it oversees a state agency for liability, sunshine law, and audit purposes"; and
WHEREAS, the Hassell study also states, "…the Consortium members have been asked to act for the good of the community as a whole, comparable to the most basic duty of directors of the other PEG access boards"; and
WHEREAS, Akaku is a private, non-profit corporation which conducts its affairs in a manner accountable to the public and responsive to the local community; and
WHEREAS, Akaku is legally established and duly constituted to provide overall management of community access resources with direct accountability to the local community and is thus, an appropriate entity to transfer all Maui PEG Access Consortium's responsibilities and liabilities; and
WHEREAS, Akaku has expressed a willingness to restructure its board to incorporate representatives from the public, education, and government sectors; now, therefore,
BE IT RESOLVED by the Maui PEG Access Consortium:
1) That it hereby recommends that the Maui PEG Access Consortium be dissolved, effective November 19, 1997; and
2) That it recommends that all of its responsibilities and liabilities be transferred to Akaku; and
3) That it hereby requests that copies of this resolution be sent to the Department of Commerce and Consumer Affairs, the President of the Hawaii State Senate, the Speaker of the Hawaii House of Representatives.
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