LRB Report No.4,1995

Public, Education, and Government
Cable Television Access in Hawai'i:
Unscrambling the Signals


ENDNOTES CHAPTER 2


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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