Haw. Rev. Stat. § 440G-1
Short title
This chapter shall be known as the Hawaii Cable Communications Systems Law.
Hawaii Revised Statutes Chapter 440G — Cable Television Systems
Hawaii · statute · Haw. Rev. Stat. ch. 440G · 20 active provisions
Haw. Rev. Stat. § 440G-3
Definitions
As used in this chapter, unless the context clearly requires otherwise: "Access organization" means any nonprofit organization designated by the director to oversee the development, operation, supervision, management, production, or broadcasting of programs for any channels obtained under section 440G-8, and any office…
Haw. Rev. Stat. § 440G-4
Issuance of cable franchises and regulation of cable operators by director of commerce and consumer affairs
The director shall be empowered to issue cable franchises and otherwise administer and enforce this chapter.
Haw. Rev. Stat. § 440G-5
Cable franchise required
No person shall construct, operate, or acquire a cable system, or extend an existing cable system outside its designated service area, without first obtaining a cable franchise as provided in this chapter.
Haw. Rev. Stat. § 440G-6
Application or proposal for cable franchise; fee; certain requirements
(a) No cable franchise shall be issued except upon written application or proposal therefor to the director, accompanied by a fee of $1,000. (b) An application for issuance of a cable franchise shall be made in a form prescribed by the director. The application shall set forth the facts as required by the director to d…
Haw. Rev. Stat. § 440G-7
Cable franchise application or proposal procedure; public hearing; notice
An application or proposal for a cable franchise shall be [processed] as follows: (1) After the application or proposal and required fee are received by the director and within a time frame established by rule, the director shall notify an applicant in writing of the acceptance or nonacceptance for filing of an applica…
Haw. Rev. Stat. § 440G-8
Issuance of cable franchise authority; criteria; content
(a) The director is empowered to issue a cable franchise to construct or operate facilities for a cable system upon the terms and conditions provided in this chapter. (b) The director, after a public hearing as provided in this chapter, shall issue a cable franchise to the applicant when the director is convinced that…
Haw. Rev. Stat. § 440G-8.1
Requirement for adequate service; terms and conditions of service
(a) Every cable operator shall provide safe, adequate, and reliable service in accordance with applicable laws, rules, franchise requirements, and its filed schedule of terms and conditions of service. (b) The director shall require each cable operator to submit a schedule of all terms and conditions of service in the…
Haw. Rev. Stat. § 440G-8.2
Cable system installation, construction, operation, removal; general provisions
(a) A cable franchise shall be construed to authorize the construction or operation of a cable system within the service area above, below, on, in, or along any highway or other public place and through easements which have been dedicated for compatible purposes. (b) The technical specifications, general routes of the…
Haw. Rev. Stat. § 440G-8.3
Designation of access organizations for public, educational, or governmental access channels
[Repeal of section on June 30, 2014, by L 2011, c 19, §4 deleted by L 2014, c 93, §4.] (a) The director may designate access organizations in each franchise area to oversee the development, operation, supervision, management, production, and broadcasting of programs of public, educational, or governmental access facili…
Haw. Rev. Stat. § 440G-9
Complaints; violations; revocation, alteration, or suspension of cable franchise; penalties
(a) Subscriber complaints regarding the operation of a cable system may be made orally or in writing to the director. The director shall resolve complaints informally when possible. (b) Any cable franchise issued hereunder after hearing in accordance with chapter 91 may be revoked, altered, or suspended by the director…
Haw. Rev. Stat. § 440G-10
Renewal of cable franchise
Any cable franchise issued pursuant to this chapter may be renewed by the director upon approval of a cable operator's application or proposal therefor. The form of the application or proposal shall be prescribed by the director. The periods of renewal shall be not less than five nor more than twenty years each. The di…
Haw. Rev. Stat. § 440G-10.1
Transfer of cable franchise
(a) No cable franchise, including the rights, privileges, and obligations thereof, may be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any cable system, whether by change in ownership or otherwise, except upon wri…
Haw. Rev. Stat. § 440G-11
Rate, filed with director; approval
(a) The director shall require each cable operator to file a schedule of its rates of service on a form and with the notice that the director may prescribe. (b) To the extent permitted by federal law, the director shall regulate rates to ensure that they are fair both to the public and to the cable operator.
Haw. Rev. Stat. § 440G-12
Other duties of director; suit to enforce chapter
(a) The director has the power and jurisdiction to supervise and regulate every cable operator within this State so far as may be necessary to carry out the purposes of this chapter, and to do all things which are necessary or convenient in the exercise of this power and jurisdiction. (b) The director may adopt, pursua…
Haw. Rev. Stat. § 440G-13
Cable advisory committee
[Repeal and reenactment of section on June 30, 2014, by L 2011, c 19, §4 deleted by L 2014, c 93, §4.] (a) There is established the cable advisory committee. The committee shall consist of five members appointed by the governor as provided in section 26-34. The committee shall advise: (1) The director, cable operators,…
Haw. Rev. Stat. § 440G-14
Reports
Each cable operator shall file with the director reports of its financial, technical, and operational condition and its ownership. The reports shall be made in a form and on the time schedule prescribed by the director and shall be kept on file open to the public.
Haw. Rev. Stat. § 440G-15
Annual fees
(a) Each cable operator shall pay an annual fee to be determined by the director. The fees so collected under this section shall be deposited into the compliance resolution fund established under section 26-9(o). (b) The director shall adjust the fees assessed under this section, as necessary from time to time, pursuan…
Haw. Rev. Stat. § 440G-16
Rules.]
The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.
Haw. Rev. Stat. § 440G-17
Criminal and civil liability
Nothing in this chapter shall be deemed to affect the criminal and civil liability of cable programmers, cable operators, or access organizations pursuant to the federal, state, or local laws regarding libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, e…