Akaku Documents and News articles
relating to their recent Government/Corporate takeover

(how the state can control Free Speech)

01/25/06   DCCA Letter Order - 2006 Access Operating Fees for Akaku

01/25/06
 
Akaku board chair letter to DCCA (Quo Warranto)


01/23/06  DCCA Letter to PEGs re cutting funds for 2006

01/19/06  THE RISE AND FALL OF COMMUNITY ACCESS TELEVISION IN MAUI COUNTY, A TIMELINE OF EVENTS Prepared by  Akaku Chairman for CAC meeting 


01/18/06
  DCCA Press Release RE: statewide meetings  to decide if PEGs should be required to be contracted through state procurement procedures, or be exempted from the law. (HTML & PDF versions)

1997URGING THE CONSOLIDATION OF COMMUNITY ACCESS ADMINISTRATION FOR MAUI COUNTY
& for more info visit:     http://saveakaku.org/  

Recent letters to the editor & articles from;
     Maui News, Haleakala Times, MauiTime Weekly, Honolulu Weekly, Honolulu Magazine, Hawii reporter, & Star Bulletin, hopefully some soon from the Molokai Dispatch:

2006
2005




Akaku chairman: Board no benefit to the community     August 5, 2006      NEW

VIEWPOINT: Individuals brought in to remove McLaughlin remain on Akaku board   By NICK NIKHILANANDA       August 2, 2006

Former Akaku head wants behind the scenes coverage     August 1, 2006

Akaku hits snag in bid to restructure     July 27, 2006

Another Dowling Fan     June 20, 2006      NEW

Free-speech TV outlet continues under siege      June 20, 2006

Akaku must compete for state contract       
June 19, 2006

Public interest left in lurch by state cable TV agency       June 08, 2006

State cable TV unit seeks exemption for public access contracts           April 13, 2006

Programming trimmed, set up for control by a few           April 07, 2006

Shadowy cable company regulations demand an audit             March 28, 2006

MCC trying to take Akaku’s budget to pay for mistakes           March 03, 2006

Most unheard at two hour meeting                March 02, 2006

Spoken testimony should be enough for state agencies             March 01, 2006

The Akaku controversy is rooted in Makena protest video         February 28, 2006

Akaku’s agenda may be the reason for board battle           February 22, 2006

Akaku board reaches pact; schools funding OK’d, four to resign       February 19, 2006

Urge state leaders to continue funding Akaku       February 19, 2006

Crowd cries foul when Akaku meeting ends     February 16, 2006

Akaku is created and controlled by the state     February 16, 2006

AKAKU SURVEY AVAILABLE AT WEB SITE       February 10, 2006

Akaku situation described correctly the first time       February 7, 2006

State Cable Television Regulator Not Acting in Best Interest of Consumers     February 3, 2006

Fight against GMOs a fight for life, liberty and health        February 1, 2006

Protecting the Public's Right to Know by Clyde Sonobe       January 31, 2006

Akaku board members seek to invalidate order on disbursement         January 31, 2006

The week in review  Maui Time   January 29, 2006

Half of cable fees held, Akaku to get third of half for now         January 29, 2006

Akaku chairman: This is a state takeover      January 28, 2006

DCCA negotiating Akaku funding from cable company fees    January 24, 2006

State Regulator Pulling Plug on Cable Access     January 21, 2006

Akaku gives only window to county government    January 13, 2006

Ongoing community TV squabble is getting old
   January 13, 2006

Explanation fails to remove doubts about MCC award    January 13, 2006
"MCC has every reason to recognize Mr. Apana considering it was Mr. Apana’s executive assistant who advocated for Akaku to relinquish its funds in order to fund MCC’s programs."

Akaku struggles aimed at maintaining free-speech access    January 13, 2006

Feuding Akaku board members agree to mediation    January 6, 2006

Will Charlie Jencks finally get his Wailea 670?     December 29, 2005
"Jencks helped out his good friend and fellow developer Everett Dowling last year in his quest to strip the Akaku public access cable channel of a third of its state funding"

Akaku board meetings make great TV drama     December 24, 2005

Free speech spinning      December 7, 2005
is a letter to editor about this article:
Morality and development: to build or not to build?

Akaku mediation appears likely      December 7, 2005

Akaku conflict continues, new board officers elected      November 23, 2005

Akaku fan objects to the bank’s freezing of funds     November 22, 2005
   
Akaku board being aided by group in legal struggle     November 20, 2005

Feuding Akaku board members told to find a compromise
     November 17, 2005

Future of Akaku unclear as franchise contract expires Nov. 30     November 11, 2005

Judge declines to rule on whether Akaku board legitimate     November 5, 2005

UH-Maui chancellor, in attempt to rewrite history, doomed to fail
     November 4, 2005

Akaku board members granted right to participate in suit    
October 21, 2005

Motives behind bills destroying Akaku need exploring    October 8, 2005

Akaku agreement with DOE and MCC deemed valid    October 02, 2005

Players in Akaku drama raise concerns about politics     September 20

Akaku board, bank at odds    September 18, 2005

Recktenwald poured gas on Akaku fire with appointments          September 14, 2005

Akaku mess can be traced to not-so-simple politics   September 08, 2005

Takeover of Akaku narrowly averted by directors    September 07, 2005

Latest developments head Akaku in the right direction    September 06, 2005

more...



Is non profit being attacked for free speech or has it neglected educational duties?

Dowling's Bill to destroy Maui PEG Access.

Hawai'i Government mandates majority board appointment power with threat of withholding funds. (Honolulu Weekly Diary)

Maui DOE Rep. email alert for DOE employees to send to legislators.

February 19 DRAFT Education Agreement

Email from Dowling's attorney to MCC & MDOE employees, board chair & treasurer, and ex-officio board directors RE: EDU agreement.

Akaku & Maui Educational Networking Consortium Education Agreement signed 4-07-05

Email from Maui DOE requesting information from DCCA Director on how to have "someone in the Akaku ranks...terminated from his position"

Letter from DCCA Director appointing Charles Jencks to Akaku's BOD, "Per Akaku's request".

Akaku board handout letter from DCCA CATV regarding PEG access to the state INET.

Turf War      Honolulu Weekly cover story
Are bills to divert two-thirds of Maui’s public-access station to Maui Community College and the county a money squabble or a muzzle?

Akaku Update: McLaughlin Reinstated   Honolulu Weekly | Wednesday, August 31 – September 6, 2005

Dowling on Akaku finance committee

Akaku President McLaughlin ousted on 8-7 vote by board

Akaku president fired

Akaku seeks to move past firing



NEWS ARTICLES

MCC TV funding attacked by scurrilous e-mails     February 16, 2005

Akaku fears redistribution of funds     February 18, 2005

Negotiation not new law needed     February 19, 2005

Don't cut funding to Akaku television
     February 23, 2005

Akaku funding necessary for community access, free speech     February 23, 2005

Help save broadcast free speech on Maui; Akaku victim of success       February 23, 2005

Legislative bills aimed at limiting free speech     February 23, 2005

Developers are behind attempt to throttle Akaku       February 24, 2005

Limiting funds to Akaku a form of censorship     February 24, 2005

Response to plea for MCC TV funding overwhelming       February 25, 2005

Maui needs Akaku to be fully funded by cable fees       February 25, 2005

Groups near agreement on franchise fees      February 26, 2005

Bills stripping Akaku of funding should be voted down       February 26, 2005

Legislature should vote down bills cutting Akaku funding     February 28, 2005

Oahu legislators show too much interest in Maui affair     March 02, 2005

Everett's Bills'   How a local developer nearly killed Akaku   March 3 , 2005

Public involvement traced to Akaku’s contribution    March 06, 2005

Akaku debate centers on free speech, education      March 09, 2005

Akaku board considers limited funds for schools     March 10, 2005

Akaku funding necessary for the access it provides     March 10, 2005

Akaku funding should be left as it is     March 11, 2005

Akaku clearly in violation of federal PEG law     March 13, 2005

There’s a difference between school and public access     March 14, 2005

Akaku debate needs an end     March 17, 2005

Akaku plan would give 25% of fees to group      March 18, 2005

The Maui News irresponsible for printing letter on PEG law     March 18, 2005

Washington, D.C., organization supports Akaku      March 18, 2005

Board giving away money needed by producer     March 24, 2005

Public access TV cuts anger Maui residents     March 27, 2005

Certain developers behind attack on the finding of Akaku     April 02, 2005

Curtailing Akaku funding harmful to primary source     April 03, 2005

I write today to ask that you help to save Akaku,     April 23, 2005

Media action alert prompts support for Akaku     April 23, 2005

Please work against proposed Hawaii legislation SB959     April 23, 2005

Please save Akaku, Maui’s only free speech TV!     April 23, 2005

Please save Akaku, Maui’s only free speech TV! II     April 23, 2005

Akaku to share cable funds      April 25, 2005

Maui public-access TV seeks legislative help     April 26, 2005

Cable subscribers paying twice to see county government       May 03, 2005

Akaku faction trying to nix pact       May 09, 2005

Akaku mess needs cleanup      May 12, 2005

Charter schools should be in line for cable TV funds     May 13, 2005

Akaku: ’Empowering our community’s voice through access to media’    May 17, 2005

Poor-quality videos an issue for producers     May 22, 2005

No artificial barriers in providing services on Molokai      May 26, 2005

Akaku executive needs to answer questions     May 26, 2005

Akaku split over school funds     June 02, 2005

Cable fees, public funds      June 08, 2005

Akaku board of directors is split into two factions     June 12, 2005

Akaku controversy is not about taking money from education     June 14, 2005

Deeper questions regarding Akaku left unanswered       June 15, 2005

Change in leadership may be appropriate at Akaku     June 19, 2005

Plan to share cable funds with schools stands       June 22, 2005

Agency’s motives regarding Akaku questioned      June 23, 2005

Time for Akaku to move ahead     June 25, 2005

Look at the record when deciding who is right     June 30, 2005

Maui can see news that other media censor       July 10, 2005

Akaku President McLaughlin ousted on 8-7 vote by board       July 14, 2005

McLaughlin: Termination ’politically motivated’        July 15, 2005

Pending possible litigation, Akaku president says aloha       July 19, 2005

Legislature fiddles while Maui’s media access burns     June 19, 2005

Before and after producer sees reason for dismissal     July 19, 2005

Student having a great time exploring media at Akaku      July 20, 2005

Akaku seeks to move past firing       July 21, 2005

Board member moves to politicize Akaku      July 24, 2005

Akaku offering a look inside the organization       July 28, 2005

Akaku to show Board of Directors meeting today, Sunday     July 30, 2005

Producer feels threatened by recent events       July 31, 2005

Firing of Akaku president, CEO should be raising warning flags     August 02, 2005

Creative, stimulating atmosphere can be returned to Akaku     August 02, 2005

Mainstream societal ideals had start as radical notions       August 03, 2005

Akaku board actions showed contempt for fair play     August 04, 2005

Akaku turmoil a preliminary for ’06 race, ’mother of all elections’     August 09, 2005

Apana administration a favorite of old Akaku leadership     August 14, 2005

Nationally distributed anti-Bush shows on Akaku television     August 17, 2005

State’s cable regulator backs Time Warner and sells out Maui    August 19, 2005 

Meeting ends in physical altercation     August 20, 2005

Akaku board members scrap after meeting    

Akaku board reverses field      August 29, 2005  

Akaku mess a group lesson      August 29, 2005  

Community access television a soap opera in and of itself     August 31, 2005  

Akaku Update: McLaughlin Reinstated   Honolulu Weekly | Wednesday, August 31 – September 6, 2005

Longtime leader McLaughlin bids aloha to Akaku     September 2, 2005

CEO Sean McLaughlin yesterday declined to return to his former position    September 2, 2005

Longtime leader McLaughlin bids aloha to Akaku     September 2, 2005

CEO Sean McLaughlin yesterday declined to return to his former position    September 2, 2005

DCCA chief: 'Dysfunction' at Akaku may hurt services    September 4, 2005

Latest developments head Akaku in the right direction    September 06, 2005

Takeover of Akaku narrowly averted by directors    September 07, 2005

Akaku mess can be traced to not-so-simple politics
   September 08, 2005

Building Imbalance    October 06, 2005



















PEG Access supporters!
Please disseminate this widely and ask for immediate support.
Exercise your Free Speech NOW,  before it's too late!

"Bad News for Free Speech"

Bills to dismantle Akaku, thus potentially all Hawai'i community access media providers, are advancing!
(requested by Maui developer Everrett Dowling, with NO Maui legislators as sponsors)

UPDATE:   The House Bill died, and the Senate bill was gutted and turned into a vehicle to get yet more franchise funds for Education for additional connections to the State's INET (See SB 959 SD2 HD1), but only after the pressure from the Legislature forced Akaku into giving away more than 33% of its funds to what is now called Maui Educational Networking Consortium (MENC). (see Maui's Education Agreement).


Hawaii's Media Access Hijacked!
Last chance to make it right.



Hawaii State legislation (SB959) introduced by Maui land speculators has effectively hijacked Akaku: Maui Community TV, the local community access media provider for Maui County - diverting local channels, board control and money to State agencies.

Before they adjourn (in two weeks), the Legislature has one last chance to make it right - by appropriating four hundred thousand dollars to Akaku and ensuring that Maui's free speech media are independent of government control!

Call, fax and e-mail Hawaii Legislators and ask them:
Please Save Akaku, Maui's only free speech TV!
Appropriate State funds to replace community resources hijacked by State education bureaucrats.  And ensure that land speculators and other special interests are NOT putting our community's voice under STATE control!

Background:

Maui News reported on February 26, 2005 [http://www.mauinews.com/story.aspx?id=6375] "State Sen. Roz Baker said the purpose of the Legislature’s bills was to 'force' Akaku, MCC and the DOE to try to reach an agreement."  And, "Baker said Wailuku developer and former University of Hawaii Regent Everett Dowling 'had an interest' in the cable-access bills..."

According to testimony on SB959 by Stirling Morita of the Society of Professional Journalists Hawaii Chapter on March 31, 2005:  "The bill would stifle many voices on Maui while trying to look like it is benefiting education" and "This is an unjustified raid, and there is no other way to put it."

Current issue of Haleakala Times outlines terms of the deal that was forced on Akaku - divesting over one third of cable funding this year with continuing diversion of funds in perpetuity, divesting one third of access channel/bandwidth, and divesting one third of Board control, all to State controlled offices.
Latest report is online at http://mauisfreepress.com/feature1.html

And in an April 5, 2005 e-mail Sen. Baker tells Alliance for Community Media's Tony Riddle:  "It seems to be a good agreement.  That is the outcome sought by the bills."
At this point, ultra-rich land speculators teamed up with powerful State bureaucrats and beholden (or misinformed) politicians to stifle Free Speech for Maui County!  They have succeeded in hijacking resources and control over local media access.  Recent cover story of Honolulu Weekly provides more background too -
http://honoluluweekly.com/cover/detail.php?id=83

Before the Hawaii Legislature ends their session (first week of May) - it's their last chance to MAKE IT RIGHT - by appropriating State funds to Akaku ($400,000+ to replace current year losses) and promising to defend the independence of local community-based access media!

Call, fax and e-mail Hawaii's Legislature TODAY!

Specific folks to target ASAP regarding SB959 to MAKE IT RIGHT for Free Speech in Maui County!

Hawaii House of Representatives conferees:

Rep. Ken Hiraki <rephiraki@capitol.hawaii.gov>
phone 808-586-6180; fax 808-586-6181
Rep. Pono Chong <repchong@capitol.hawaii.gov>
phone 808-586-9490; fax 808-586-9496
Rep. Mele Carroll <repcarroll@capitol.hawaii.gov>
phone 808-586-6790; fax 808-586-6779
Rep. Colleen Meyer <repmeyer@capitol.hawaii.gov>
phone 808-586-8540; fax 808-586-8544
Rep. Dwight Takamine <reptakamine@capitol.hawaii.gov>
phone 808-586-6200; fax 808-586-6201
Rep. Calvin Say <repsay@capitol.hawaii.gov>
phone 808-586-6100; fax 808-586-6101

House Members by Fax:  1-800-535-3859


Hawaii Senate leaders:

Sen. Shan Tsutsui <sentsutsui@capitol.hawaii.gov>
Phone 808-586-7344; fax 808-586-7348
Sen. Brian Taniguchi <sentaniguchi@capitol.hawaii.gov>
phone 808-586-6460; fax 808-586-6461
Sen. Ron Menor <senmenor@capitol.hawaii.gov>
phone 808-586-6740, 623-7797; fax 808-586-6829
Sen. Robert Bunda <senbunda@capitol.hawaii.gov>
phone 808-586-6090; fax 808-586-6091
Sen. Kalani English <senenglish@capitol.hawaii.gov>
phone 808-587-7225; fax 808-587-7230
Sen. Gary Hooser <senhooser@capitol.hawaii.gov>
phone 808-586-6030; fax 808-586-6031

Senate Members by Fax:  1-800-586-6659

And send copies to local news media:
Key e-mail addresses to support Free Speech media access for Maui, Hawaii:

Akaku: Maui Community TV, Board of Directors
info@akaku.org

Maui News (daily)
letters@mauinews.com

Honolulu Advertiser (daily)
letters@honoluluadvertiser.com

Honolulu Star-Bulletin (daily)
letters@starbulletin.com

Maui Time (weekly)
anthony@mauitime.com

Haleakala Times (bi-weekly)
haltimes@maui.net

Honolulu Weekly
editorial@honoluluweekly.com



History

HB 784 (status) CPH/IGA has scheduled a public hearing on 03-23-05 at 9:00 am
SB 959 (status) referred to the Finance committee (FIN).

All State legislators need to hear this message:

"Please oppose HB 784 and SB 959 that would rob local community resources to fund State obligations and set a dangerous precedent that, knowing Hawai'i Government and Educational institutions, would invite future raids on Access center funds to the detriment of PUBLIC users!!!

By diverting the majority of cable franchise funds away from Akaku, the bill would reduce community access and increase government control of local media. Past
UH board regent Everrett Dowling
appears to like this as it will potentially stifle dissenting voices against any of his future environment and citizen unfriendly developments.

Maui residents support the free speech and community-based media access services Akaku provides. As a public benefit corporation, Akaku provides transparent, ethical governance for Free Speech that is accountable to their local community. As you may know, other Hawai'i PEGs can only boast the opposite, as witnessed by 'Olelo's lawsuit to not have to comply with Hawai'i Open Records Law. Akaku is Hawaii's most "cutting edge" public access center. They were the first to provide streaming Media for their clients' programs ('Olelo has yet to do it other than for the legislative class), and the only center here to successfully launch a digital video server which you can schedule what you want to view. Akaku has also secured a low power FM license for Community Radio. Perhaps because they are able to do all this with less than 1/4 the funds 'Olelo receives, legislators wish to cripple Akaku to make 'Olelo, which takes exceptional care of them, look better. Akaku is proactive, while 'Olelo is reactive. It has become clear by this legislation that our legislators prefer controlled access over unfettered access, and training in technologies that are 10 years behind the times rather than access to all current media technologies. Once again, keeping the people stupid seems to be our legislator's desire!

Please support Akaku's mission: "Empowering our community's voice through access to media" by opposing HB 784 and SB 959.

The needs of State education agencies, while worthy, should be otherwise funded. Help stop the double-dipping at your expense !!!

  The non Maui legislators who introduced the bills, Rep. Hiraki & Sen. Bunda, must like this bill because it will mean less citizens able to speak out against bad bills like these and other access unfriendly legislation they have been known to support. It would appear they may have been promised healthy contributions of some sort to turn access into a soapbox for government rather than the people. You can help them see the light, but you have to ACT NOW!

Mahalo.

Community voices of Hawai'i - Speak now!

Implications are statewide and beyond. Every elected official should be informed. To contact your elected officials, click here to find your House representative and click here to find your Senate representative, or click on these links to email all House and Senate members:       HOUSE     SENATE

You can also go here to email the appropriate committees.

More Information

Here are some links to public information providing background about issues related to proposed State legislation (HB 784 and SB 959) to dismantle Akaku and reduce community access TV for Maui and Kalawao Counties.

1997. A report commissioned by DCCA in June by independent consultant (Constance Hassell) titled: "Disputes over PEG Resources: Splitting the Baby is NOT the Solution," which frames the issue and provides historic context for the dissolution of the Maui PEG Access Consortium.

<>2003. "Funding the Future: Defining the Akaku-MCC Relationship" which summarizes struggles over the previous six years and explains the unanimous decision of Akaku's Board in June 2003 adopting recommendations of the report.

Maui News article:  Akaku debate centers on free speech, education

Dowling's paid lobbyist Sandra Wong (PDF)

More Hawai'i PEG Access studies (window dressing)

Alliance for Community Media's Press Release regarding this horrible legislation

Akaku Board testimony February 14, 2005

Akaku CEO's testimony February 14, 2005

Akaku's Molokai Media Center testimony February 14, 2005

Testimony supporting the bills February 11, 2005

Proposed Education Agreement

Hawai'i Educational Networking Consortium (see the behind the scenes manipulators we are up against)

Oahu Educational Access Agreement (on top of the 2 dedicated channels and 3 'Olelo satellite centers in DOE schools! Note that in this agreement it states: " HENC agrees that at all times this Agreement shall be in effect, HENC and its representatives shall not initiate any activity intended to or that will result in HENC or its members receiving additional funding from cable franchise fees not otherwise committed to Hawaii educational institutions or other purposes, outside of the funds provided in this Agreement." In my opinion, this is why the manipulators had someone else with questionable ethics, ex UH board regent Everrett Dowling, request this legislation.)


  Akaku's Website



































From: Sandra-Ann Y.H. Wong
To: minokuma@msn.com ; scourter@maui.net ; clydes@hawaii.edu ;
ken_nomura@notes.k12.hi.us ; wiger@hawaii.edu ;
oscar_matsui@notes.k12.hi.us ; yanagis001@verizon.net
Cc: everett@dowlingco.com
Sent: Saturday, February 19, 2005 9:39 PM
Subject: RE:Akaku Agreement Draft 8

All:

Thank you for agreeing to meet on Friday, I think it was very
productive. Pls. find attached for your review and comment, a "clean up"
of the draft that we put together. I did take some liberties and removed
the Whereas clause on private schools and the default provision. After
reviewing the Agreement, I did not think they were necessary because
MENC can make its own agreement with the private schools and in lieu of
the default provision (which I think Sadao had some comments on. Sorry,
Sadao I forgot to raise them during the meeting) we have an arbitration
provision.

Everett: Pls. note the changes to the Board app't provision to deal with
on-going terms of Board members. Myles informs us, that 3, possibly 4,
seats will become open in August.

Thank you for agreeing to file joint testimony for all future
legislative hearings. I think its a good idea, because it shows them
that we are working together. I will start putting something together
for us. As discussed, it will basically state that we are currently in
the process of reaching an agreement, thus we want the bills to stay
alive, so that we can continue our dialogue. Also, if we get further
press inquiries, do we also want to jointly respond?

Finally, to expedite the Agreement progress, all parties should start
their individual processes now to insure that once the Agreement is
complete, that they will have authority to execute.

Tks. again. Pls. do not hesitate to contact me if you have any questions.

Sandie

p.s. Sharon, it was a delight to meet you.



































<Oscar_Matsui/MAUIDO/HIDOE@notes.k12.hi.us> 04/25/05 2:09 PM >>>
Aloha Mark.....
Maui's Educational entity have bargained in good faith and came to an
agreement with the Akaku Board on April 7th.  On April 11th, the agreement
was signed by all parties and was put into effect.
We felt that with this agreement, we could all put our differences aside
and move on to more productive things.  However, seems like theres someone
in the Akaku ranks, that insist on name calling and refuses to move in a
more positive manner.  What can we do to have this person terminated from
his position??
































Everett Dowling's attorney Sandie Wong giving free legal advice?




































Public Comments of Robert M. Albert
on behalf of Maui Community College and
Department of Education-Maui District
before the Department of Commerce and Consumer Affairs
Cable Advisory Committee
October 13, 2005


Aloha, my name is Robert M. Albert and I am here on behalf of Maui Community College and the Department of Education-Maui District (hereinafter jointly referred to as “Education”). I would like to take this opportunity to update Director Recktenwald and the Cable Advisory Committee regarding the current dispute between Akaku and Education. Although, Akaku is the PEG access provider for Maui County, since 1999, Akaku has provided little, and in most years, zero funds to assist Education in the programming, maintenance and/or operations of Educational Access in Maui County. This financial malfeasance on Akaku’s part was finally rectified on April 7, 2005 when Education and Akaku jointly executed the Education Agreement.

The Education Agreement was the result of several months of negotiations between Education and Akaku. At the end of the negotiations, the Education Agreement was co-drafted by the parties’ individual attorneys and each party executed the Agreement after careful review and on the advice of counsel. It is my understanding that Akaku’s execution of the Education Agreement facilitated the closing of its loan with First Hawaiian Bank which in turn, allowed Akaku to purchase its building. With this building purchase, through monies that should have gone towards operational support of Educational Access, (DOE & MCC) Akaku can now supplement PEG franchise fees with additional income. So now, in addition to devoting their resources towards Public Access and free speech, Akaku can now devote much of its resources to property management as well. Education, in executing the Education Agreement, agreed to forego its claims of past funds (expected in excess of one million dollars) and stopped pursuing the pending legislation that would have provided Education and Government with one third each of PEG access funds for Maui County.

It is clear that the Education Agreement is a valid, binding and enforceable legal contract. This fact has been confirmed by the Attorney General's office, Akaku Board attorney, Sherry Broder, and the Chairman, Secretary, and Treasurer of the Akaku Board of Directors. Despite this fact, their certain Board Members that have attempted to repudiate the Education. Specifically, certain Board members as of August 26, 2005 have refused to recognize the four Education Akaku Board members. This in despite of the fact that all four Education Akaku Board members were properly appointed by Director Recktenwald. These certain Board members have gone so far as to claim there was never a final valid, binding, and enforceable agreement between Education and Akaku.

These certain Board members are using public monies from PEG franchise fees to attempt to deny and invalidate the Education Agreement. They have incurred and continue to incur excessive legal fees by an attorney representing their personal views and not the views of the entire Akaku Board. Per the request of these certain Board members, Akaku board attorney, Sherry Broder, provided the Akaku Board with reasonable legal opinion that held that the Education Agreement was a valid, binding, and enforceable agreement. Unhappy with Ms. Broder’s opinion, these certain Board members have refused to pay Ms. Broder and have attempted to retain Lance Collins as new Board counsel. First Hawaiian Bank wrote the Akaku Board about the apparent discord among the Akaku Board members and
certain Board members had Mr. Collins lawsuit against the Bank. It is also my understanding that these certain Board members have paid Mr. Collins thousands of dollars in legal fees, although no formal engagement letter for Mr. Collins has been reviewed and approved by the Akaku Board.

Akaku monies are public monies and, thus, the Akaku Board has a fiduciary duty to spend the money for the purposes it was intended for. The public monies provided to Akaku by the DCCA are specifically designated to support PEG access for the tri-islands of Maui County specifically towards operations, facilities, and equipment. Public monies are not to be used to pursue personal agendas.

In their efforts to repudiate the Education Agreement, certain Board members have created an environment of discord and disruption at Akaku. These certain Board members, since August 26, 2005, have held meetings that lack civility and decorum. I have personally witnessed Board members and their supporters resort to verbal threats, harassment, and intimidation of Board members, including myself, who disagree with them. Needless to say, such behavior is unacceptable and not in the best interest of the public or Akaku operations.

Finally, I would like to conclude by Education's position in regards to the Education Agreement for the Record. Although Education understands that there is discord among the Akaku Board and that certain Board members have attempted to cloud the issues, the fact that Akaku and Education entered into a valid, binding, and legally enforceable Agreement on April 7, 2005 remains the same. Education will remain steadfast in its position because it is the right thing to do for the students and public of Maui County.

Thank you for allowing me to submit my testimony today.



























Dear Mr. Recktenwald,

    Recently, your Department, the Department of Commerce and Consumer Affairs (the 'DCCA') released a document dated, January 23, 2006 (the 'Document') in which it purports to take action in behalf of the DCCA.

    As Chairman of the Board of Maui County Community Television, Inc., d/b/a Akaku: Maui Community Television (Akaku), I am charged with looking after the welfare of our non-profit corporation and the empowerment of the Maui Nui community's voice through access to media.

    After careful review of the administrative rules adopted by the DCCA and the enabling statute of Haw. Rev. Stat. §  440G, I have been unable to locate a specific rule which grants the DCCA authority to make this decision.

    Haw. Rev. Stat. § 91-1(4) defines a rule as 'each agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency.'

    As you may be aware,  the Hawai'i Supreme Court in Shoreline Transportation Inc., v. Roberts Tours and Transportation, 70 Haw. 585, 591 (1989), stated: 'Rulemaking is the process by which an agency lays down new prescriptions to govern the future conduct of those subject to its authority; adjudication is the process by which the agency applies either law or policy, or both, to the facts of a particular case.' (citations omitted)

    If this is indeed has been rule making within the understanding of Haw. Rev. Stat.  § 91, please indicate how the DCCA has complied with Haw. Rev. Stat. § 91-3(a) including but not limited to the date in which a copy of the proposed rule was filed with the Office of the Lieutenant Governor.

    If the DCCA does not consider this document to have been produced by the rule making process, then it must be decision and order of an adjudicatory nature. If it is a contested case matter and not a rule-making matter, Akaku obviously has a vested interest at stake to which the requirements of procedural due process attach. Akaku has not been notified, pursuant to Haw. Rev. Stat. § 91-9.5 of any contested case hearing. Moreover, if this indeed a contested case matter that, for one reason or another, has omitted Akaku's necessary presence, Akaku hereby petitions to intervene in the matter.

    Finally, if this is neither a contested case or an act of rule making, please state the legal basis and authority for the DCCA to engage in this conduct. If this is neither rule making nor a contested case, Akaku hereby petitions and seeks a declaratory ruling of the Director pursuant to §16-301-04 that this action has been made (1) in excess of the statutory authority or jurisdiction of the DCCA and (2) upon unlawful procedure.

    Sincerely yours,


    JAY APRIL
    Chairman
    Akaku: Maui Community Television

cc: Nate Smith