Aloha Ms. Tom,

Thank you for your thoughtful reply to my inquiry.  If you had taken the time to look at the schedule I linked in my email you would have known when Ms. McGregor told you of their 4 air date policy that she was not entirely consistent with the record. Unfortunately the online schedule has changed as of today and the 2 airings of " "Meet Colleen Hanabusa' Tony Rutledge + Ken Hipp" scheduled for today have been removed. I do have the previous schedule backed up on my hard drive and online if needed for discovery. I really do appreciate that you took time to hear Ms. McGregor's version of 'Olelo's behavior.

In actuality, 'Olelo provides special support and privileges to some producers that are not available to others.  'Olelo staff and their friends are given preferential access and services.  For example, some of the "volunteers" involved are actually 'Olelo staff members.  Are they really "volunteering" when their employer requests their participation?

Also, the disclaimer regarding 'Olelo's participation in the debate program involving candidates for federal office is clearly disingenuous.  Bob Rees may be a self-proclaimed "volunteer," but his privileged status at 'Olelo is well known.  'Olelo has dedicated special resources and support to Mr. Rees that are not available to any other "volunteer" producer.  Even his byline
in the Honolulu Advertiser identifies him as "Moderator of 'Olelo Television's 'Counterpoint' " and on 'Olelo's "Easy Access" services web page it identifies him by saying " 'Olelo has acquired the volunteer services of veteran political pundit, writer and radio personality Bob Rees to produce and host the service."

The principal by which 'Olelo should be measured is whether they have in fact given an equal opportunity to all candidates for public office.  The facts of these two situations clearly demonstrate that 'Olelo has given preferential service and benefits to candidates or their agents at 'Olelo's discretion.

Your assistance to illuminate 'Olelo's rationale is very important.  With your help, we now have 'Olelo's CEO on the record misrepresenting the facts of this very important situation.  As your letter today indicates, 'Olelo intends to continue violating the basic principle of equal opportunity for all candidates for US Congress Hawaii's 2nd Congressional District.

I noticed you have a 1997 copy of 'Olelo's Operating Procedures, perhaps it is time for your Agency require your appointed board directors to start abiding by their contract by providing you with the most recent copy to replace the one you have that is 5 years out of date.

Thank you for your continued interest in this important issue.

Sincerely,

Jeff Garland
Hawai'i Public Access Media

 LINDA LINGLE
                                                                  NOE NOE TOM
 

 JAMES AIONA
 

                               STATE OF HAWAII
                              OFFICE OF THE DIRECTOR
                       DEPARTMENT OF COMMERCE & CONSUMER AFFAIRS
                                1010 RICHARDS STREET
                                  P. 0. BOX  541
                               HONOLULU, HAWAI'I 96809

       December 6, 2002

       Mr. Jeff Garland
       P.O. Box 1292
       Kailua; Hawaii 96734

Dear Mr. Garland:

Thank you for your inquiries regarding programming at `Olelo - The corporation for Community Television. The following information was provided by Ms. Lurline McGregor of 'Olelo.

       According to Ms. McGregor, `Olelo was not involved in the production of this program.
       The Colleen for Congress committee contacted `Olelo for assistance in identifying
       potential producers to assist in the production of their video. 'Olelo's services include
       putting requestors for assistance in contact with `Olelo certified volunteer producers.
       These volunteer producers are not required or obligated to produce such requests but will
       assist if their time and availability permits. In the case of this program; a volunteer
       producer was contacted who was willing to assist. Three one hour programs were
       produced and each receives four scheduled cablecasts consistent with other non-series
       programs.

Question Regarding 2nd Congressional District "Debates"

       'Olelo is not sponsoring any candidate debates for the upcoming special election. This
       does not preclude any producer or candidate from producing a program that promotes a
       particular candidacy. The fact that Bob Rees produced a debate among Colleen
       Hanabusa, Matt Matsunaga and Ed Case does not subject 'Olelo to any "equal time"
       requirements for all candidates in this particular race.

       As you know, organizations such as 'Olelo are private non-profit entities whose boards
       of directors are responsible for operational and management policies. Although we are
       happy to assist you with clarifying your understanding of these situations, the department
      again encourages you to work directly with 'Olelo in resolving any issues you may have
      with their operations.

      Very truly yours,
 

      Noe Noe Torn
      Acting Director

      Cc.Lurline McGregor, Olelo

Subject:         Letter to the Editor RE: Hanabusa, Case & Matsunaga debate on 'Olelo
   Date:         Tue, 03 Dec 2002 23:21:22 -1000
   From:         Jeff Garland <digitaleye@hi.net>
     To:         Letter to the Editor <mpoole@starbulletin.com>
     CC:         Governor Linda Lingle <gov@gov.state.hi.us>, acting DCCA Director Noenoe Tom <dcca@dcca.state.hi.us>,
        League of Woman Voters <voters@macrevolution.com>,
        Hawaii Pro-Democracy Initiative <HPDInitiative@hotmail.com>

 Is Hawaii state government choosing who you should consider voting for?

Is 'Olelo in the business of serving the already served rather than the under served? Apparently alternative voices aren't important? It will be interesting to see if 'Olelo's majority government appointed board has approved the funding for this Hanabusa, Case and Matsunaga debate (D only) and who the person is who "invited" the participants. I guess the 2 one hour shows ("Meet Colleen Hanabusa") with preferential scheduling Hanabusa has already gotten in a questionable manner for campaign purposes wasn't enough  !!!

I can't wait to see what the other 41 candidates have to say!

Jeff Garland
Hawaii Public Access Media
Kaneohe

Who's the producer and copyright holder of "Meet Colleen Hanabusa (4 shows).

Audio recording of; 'Olelo Facility staff person, 'Olelo "Counterpoint" client crew member, 'Olelo program dept. employee, 'Olelo programming dept. manager (8 minutes on hold after "hold on I have to reboot" edited out), 'Olelo "Counterpoint" client crew member,  respectively (RealAudio, 13 mins, 37 secs.)

 
 

A subtitle ran many times across the screen stating "Fill Patsey's Seat With Someone Who Can Fill Her Shoes. Colleen Hanabusa for Congress."

F.   Non-Commercial Content

Community access programming must be of a non-commercial nature. Accordingly, there shall be no programming containing:

2.  Material containing any direct appeal for contributions of funds, support, or other property of value, even if the appeal is for a tax-exempt, certified non-profit entity;...
 
 
 
 

I. In-Kind Contributor
'Olelo also encourages users to obtain in-kind contributors who provide goods and services for the production at no cost. Providers of in-kind services may receive on-screen credit for their support...

In-kind contributor credit may identify the actual product or service provided. 'Olelo encourages the practice of crediting contributions of in-kind contributors under "Production assistance provided by  . . . ~  "Special thanks to  . . .

'Olelo staff members should not be included in the in-kind contributor credits, as recognition of the staff's efforts are inclusive of the facility credit (see Copyright and Distribution, section II.A).

Angela Baehrens & Ku'uipo Rossiter are staff ¹
 

J. Public Disclosure

All presenters and producers who submit programs for transmission on the 'Olelo cable access channel(s) must make public disclosure of information relating to the presenter and/or producer, program source and program financial sponsor. 'Olelo requires a minimum on-screen display of the following information:

1. Full name of presenter and/or producer;

2. Contact information for presenter and/or producer, including the presenter's and/or producer's mailing address, and, at the presenter's and/or producer's request, a contact telephone number may be included;

Address?

Answering Machine says "Friends of Colleen Hanabusa"
are funds being commingled?
 

 3. Name of copyright owner;

NONE

 4. Source of the program.

This information shall be included at the end of the program. Financial sponsors of the program shall be identified on-screen at the beginning and the conclusion of the program.  'Olelo may require additional on-screen information regarding the program's creator, location of program creation, and program funding sources as deemed necessary.
 

IV. CERTIFICATION

Training is a process whereby individuals may gain the knowledge, skills and ability to meet the specified level of independence required to use 'Olelo's production equipment and facilities. 'Olelo's training program will, at minimum, provide basic instruction that will assist participants in acquiring the necessary skills, knowledge and ability to independently create non-commercial PEG access programming and/or operate 'Olelo's production equipment and facilities. In addition to providing a basic level of training, 'Olelo will provide supplemental training that it identifies necessary in order to increase the level of independence and efficiency of individuals. As capacity exists, intermediate and advanced levels of training will be offered.

A. Training Program Goals

'Olelo conducts workshops and training sessions to instruct eligible individuals and community organizations in the skills required to use 'Olelo's facilities and equipment. 'Olelo charges a nominal fee of $35.00 for each training phase. 'Olelo's training program is designed to create an effective balance between quantity and quality of television programming. More specifically, the classes will:

1. Teach safe operation of equipment and safe procedures while engaged in production;

2. Define how to make an informed selection of production options which satisfy minimum quality standards and all legal responsibilities;

VI.     FACILITIES AND EQUIPMENT RESOURCE USAGE

Requests for use of facilities and equipment are accepted after a certified user has an approved production proposal. 'Olelo makes production facilities and equipment available for the purpose of producing programming within programming content guidelines and for presentation on the cable access channel(s).

A. Facility and Equipment Scheduling

Each production, whether by a group, organization or individual, must have a single certified "lead producer" who takes the responsibility for the reservation, serves as the coordinator and contact person, and deals with 'Olelo in all phases of the production.

All requests for facilities and equipment will be honored in sequence of written receipt and/or according to usage priorities (see Usage Priorities, section VI.B).

All requests for facilities and equipment must be approved by 'Olelo staff. In order to reserve the facilities and equipment, a producer must be certified in the appropriate areas. Scheduling may only be done by the lead producer for that particular production. Other production members may not schedule facilities and equipment.
 
 
 
 
 

¹
if an individual or organization requests the services of an 'Olelo certified producer currently producing programming for 'Olelo cablecasting, additional facilities usage may be allocated to that producer for a volunteer program if he/she submits a completed Volunteer Producer Agreement signed by the volunteer producer and the presenter. The producer and the presenter are required to meet with the Community Project Manager to submit a Production Proposal and sign the Volunteer Producer Agreement. This agreement will be for a single program and not a series.

C. Resource Utilization

2. Equipment Contract
Certified users are required to complete and sign an equipment contract acknowledging their possession of and responsibility for 'Olelo equipment while in their use or possession. Users who do not complete and sign the contract will not be permitted to use 'Olelo facilities and equipment.

3. Production Crew
It is expected that the producer will provide the entire crew necessary for the production to be completed. If an insufficient number of certified crew members show up for use, 'Olelo staff may, at their discretion, choose to cancel the reservation. 'Olelo will provide staff to serve as "video engineer" for studio and portable multicamera productions. However, 'Olelo staff will not serve as crew members on these productions.
 

Subject:         Request for Records
   Date:         Sun, 08 Dec 2002 21:11:32 -1000
   From:         Jeff Garland <digitaleye@hi.net>
     To:         DCCA Director Kathryn Matayoshi <dcca@dcca.state.hi.us>
     CC:         OIP <oip@state.hi.us>, Governor Elect Linda Lingle <linda@lingle.org>
 

Aloha DCCA acting Director Noe Noe Tom,

     In your letter to me dated December 6, 2002 you stated: "The following information was provided by Ms. Lurline McGregor of
'Olelo." How were you provided the information, by phone, in person or in writing? If in writing, please provide me with a facsimile or
electronic copy of the document as it is needed for an emergency meeting called regarding this issue. If you requested the
information from Ms. McGregor in writing, please provide that document as well by facsimile or electronic format. I'm sure you are
aware of my intent to widely distribute the requested information so your waiver of any fees would be appreciated as you know
requiring payment will only serve to delay access to the requested information.

     Also, when I inquired when your response to my original email could be expected and would I like the response, you stated, "I've
heard you are hard to please". Could you please share with me from whom you "heard" that?

Your assistance to date is greatly appreciated and a most refreshing change from the past director's lack of responsiveness. Mahalo
in advance for your prompt response.

Sincerely,

Jeff Garland

P.S. Please respond via email only, any documents sent by snail mail will be returned unopened. Please don't waste state
resources.