Haw. Code R. § 16-131-70

Current through April, 2024

Section 16-131-70 - Designation and selection of access organizations

(a) For purposes of this section, "PEG" means public, educational, and governmental.

(b) The director shall comply with the applicable provisions of chapter 103D, HRS, when designating and selecting an access organization to oversee the development, operation, supervision, management, production, or broadcasting of programs on PEG channels obtained under chapter 440G, HRS.

(c) When designating and selecting an access organization, the director shall, at a minimum, consider the following factors or criteria:

(1) The management and technical experience of the organization, and its existing or proposed staff;

(2) The broadcast or cablecast media and telecommunications experience of the organization and its existing or proposed staff;

(3) The ability of the organization, and its existing or proposed staff, to provide the PEG access services requested by the director;

(4) The organization's short-term and long-term plans for PEG access services for a designated franchise area;

(5) The financial capability of the organization;

(6) The amount of funding required by the organization to provide the PEG access services requested by the director;

(7) The ability of the organization to provide reports, audits, and other information to the director;

(8) Whether the organization agrees to expand the marketplace of ideas, and is committed to allowing members of the public to express their First Amendment free speech rights;

(9) The organization's prior dealings and relationships with the State, if any;

(10) The organization's references;

(11) Other additional services, if any, the organization proposes to provide to the State and the public, and

(12) Other factors or criteria deemed applicable or necessary by the director.

(d) The relative weights of the factors or criteria considered by the director under subsection (c) shall be specified in any applicable request for proposals or invitation for bids issued under chapter 103D, HRS.

Haw. Code R. § 16-131-70

[Eff 12/3/08] (Auth: HRS §§ 440G-3, 440G-12) (Imp: HRS §§ 440G-3, 440G-12)