1. The Oceanic Cablevision franchise has been transferred to
Time Warner Entertainment Company, L.P. DCCA Decision and
Order No. 153, September 25, 1995.
2. Both the Sun and the Kamehameha franchises have been
transferred to Time Warner. DCCA Decision and Order No,
173, June 30, 1995.
3. The Hawaiian Cablevision franchise was transferred to Time
Warner on October 2, 1995. See DCCA Decision and Order No.
174, October 2, 1995.
4. David T. Styles, Kathleen T. Schuler, and Evelyn Pine,
Community Channels, Free Speech, and the Law: A Layman's
Guide to Access Programming on Cable Television (The
Foundation for Community Service Cable Television: San
Francisco 1988) at 36.
5. Cable Communications Policy Act of 1984, sec. 622; codified
at 47 U.S.C. sec. 542.
6. Sections 440G-8(d) and 440G-15, Hawaii Revised Statutes.
7. Oceanic paid three percent of its annual gross revenue to
'Olelo, and can be assessed up to four and a half percent
upon determination by the Director. DCCA Decision and Order
No. 135, secs. 5.1, 5.11; DCCA Decision and Order No. 154,
secs. 5.1, 5.11. Oceanic is also scheduled to pay a total
of $9,286,498 in years one through fifteen of its franchise
agreement for capital funds for facilities and equipment.
Id. at 5.4; c.f. DCCA Decision and Order No. 154, sec. 5.4.
Chronicle is on a schedule under which it pays the greater
of either 3% for its franchises in Hawaii Kai and Maui and
2% for its franchises in Moloka'i, Lana'i, and Ka'u, or a
flat fee ranging from $273,000 due on December 31, 1991 to
$361,000 for the year ending December 31, 1995. For
subsequent years, the access fee shall be a flat 3%. DCCA
Decision and Order No. 148, sec. 7.2. The director may
adjust the fee based on Chronicle's financial condition,
community needs, and other factors. The capital
contribution for the years ending December 31, 1991 through
December 31, 2000 is a total of $490,000.
Hawaiian, in its 1990 franchise agreement, was to pay the
greater of two percent of its gross revenues or a fixed
amount ranging from $78,000 to $111,000 per year for
operating expenses between December 31, 1991 and
December 31, 1995, and three percent thereafter. The
schedule of facilities and equipment was erratic, ranging
from zero to $124,000 over the same five year period. DCCA
Decision and Order No.142 dated November 23, 1990.
Kauai CableVision is slated to pay the greater of 2% for all
of Kauai except Princeville, and 1/2% for Princeville (the
rate for Princeville is to rise to 2% when services to that
area are offered that are identical to the services offered
to the rest of Kaua'i) or a flat fee ranging from $74,000
due on December 31, 1991 to $116,000 due on December 31,
1995. After that date, the rate shall be 3% of gross
revenues, but the Director may reconsider the rates for
unspecified reasons. DCCA Decision and Order No. 152,
section 6.1. The annual capital fund requirements ranges
from $8223 as of December 31, 1991, to $14,807 as of
December 31, 2000.
Garden Isle Cablevision pays a rate of two percent of its
gross revenues and one lump sum of $128,000 for capital
costs for the period of its franchise through December 31,
1995 at a minimum, and, if Garden Isle meets some franchise
obligations, this sum will constitute fulfillment of its
obligation through December 31, 2000. DCCA Decision and
Order No. 143 and 145, December 19, 1990.
For the years 1992 and 1993, Jones Spacelink is to pay the
greater of 1% of gross revenues or $48,000 for the fiscal
year ending May 31, 1992 and $53,000 for the fiscal year
ending May 31, 1993; and the greater of 2% of gross revenues
or a range of between $112,000 and $131,000 for the ensuing
three years, and a flat percentage of 3% of gross revenues
for the remainder of the franchise term. Capital funds
range from zero dollars per year to $188,370, for a total of
$458,393 for the life of the franchise. DCCA Decision and
Order No. 155, secs. 7.2, 7.3.
Sun Cablevision pays up to 3% of its gross revenues to the
DCCA, and $200,000 for PEG facilities and equipment for the
period between July 1, 1995 and December 31, 1995, and an
amount to be designated by the director of the DCCA after
that date. DCCA decision and Order No. 159 (July 6, 1994).
8. Section 314-1, Hawaii Revised Statutes.
9. Interview with Robbie Alm, former director, DCCA, on
October 13, 1995; see Act 87, Regular Session of 1991.
10. See DCCA Decisions and Orders No. 173 and 174.
11. The transfer was authorized by Act 272, Regular Session of
1994, sec. 31.
12. DCCA Decision and Order No. 174, October 2, 1995, at 10.
13. Agreement between the Department of Commerce and Consumer
Affairs and 'Olelo: The Corporation For Community
Television, signed January 19, 1990, section 4; Agreement
between the Department of Commerce and Consumer Affairs and
H-o'ike - Kaua'i Community Television, Inc., commencing
October 13, 1993. The H-o'ike and 'Olelo agreements also
require them to maintain appropriate levels of insurance.
At the time this study was prepared, the contracts with
Akak-u and Na Leo were not available, but the researcher was
informed that these provisions will be the same.
14. The exception in Chronicle's Honolulu operation, which does
not appoint a member to 'Olelo, the Honolulu access
organization. Instead, Oceanic, the other cable company on
Honolulu, appoints three members.
15. Bylaws of H-o'ike: Kauai Community Television, as amended
12/7/93, at sec. 7.2.
16. Bylaws of 'Olelo: The Corporation for Community Television,
adopted February 28, 1990.
17. Bylaws of Maui County Community Television, Inc. at sec.
7.2.
18. Bylaws of Na Leo 'O Hawai'i at sec. 7.2.
19. See, e.g., "Justices to Consider Cable-TV Sex Curbs," Wall
Street Journal, Tuesday, November 14, 1995, at B14-15.
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