Opinion Letter No. 94-23
December 13, 1994
Community Television Station Is Not an Agency
The OIP opined that Ho`ike: Kaua`i Community Television,
Inc. ("Ho`ike") is not an "agency" for
purposes of the UIPA. Ho`ike is not "owned, operated, or managed"
by or on behalf of any state or
county agency and therefore does not fall into the definition of
an "agency" in section 92F-3, Hawaii
As a non-government entity, Ho`ike receives no financial
support or other government assistance, and government does not
control its activities and operations. Ho`ike is a private, non-profit
corporation which provides community broadcasting for the island
of Kaua`i. Furthermore, as providing community broadcasting is not
a required function of any government agency, Ho`ike does not perform
a government function. Accordingly, the OIP found that Ho`ike is
not a government agency that is subject to the UIPA. OIP Op. Ltr.
No. 94-23 (Dec. 13, 1994)
NOTE: This opinion has been rescinded based on OIP Op. Ltr. No.
02-08 dated September 6,