Community Media Producers Association (CMPA)

Text Box: C M PA

MEMO July 30, 2008
FROM: Carol Bain, CMPA president, bain@kauai.net
TO: DCCA Email: cabletv@dcca.hawaii.gov
Fax: (808) 586-2625
DCCA-CATV
P.O. Box 541
Honolulu, Hawaii 96809

RE: input on PEG access recommendations due by 7/31/08
Over the years of watching the current PEG access providers in operation, CMPA has seen many problems including the failure to provide nondiscriminatory access and a +15-year violation of state procurement laws. Current PEG service providers have used state-mandated franchise fees to promote their own political agenda. The fact that they are using state-mandated funds to promote their own agenda through the courts and through the media is ironic, yet they appear unaware of their arrogant behavior. Funds should be used to empower individual free speech, not promote a private agenda of a nonprofit organization that refuses to meet its original mission.

All four of the current PEG service providers have an agenda, which is to secure their own funding by thwarting the state procurement laws. They do not want to be required to be open and accountable. These nonprofit corporations act as the determiners of free speech, and even put up a joint website, besides using PEG access channels and separate websites, to propagandize. This website urges a call to action, and even states that the DCCA is engaging in an "unlawful request for proposal (RFP) process. http://www.freespeechhawaii.org/?page_id=9

CMPA offers the following recommendations to DCCA to include into future PEG access franchise related agreements and renewals. Include this clear statement in the franchise agreements related to Public Access:

The Access Organization shall establish and enforce rules for the noncommercial use of the PEG access channels:

to assure nondiscriminatory access to the channels to eligible users
to promote the use and viewing of the channels, consistent with the obligation to provide nondiscriminatory access to eligible users

Regarding the above, any Access Organization that does not comply may be ineligible to bid on future RFP's. Should the Access Organization fail to establish or enforce rules, DCCA can build in penalties. For instance, if rules are not established within one year, a substantial (EG: $5,000) fine will accrue on a daily basis. Another result could be loss of eligibility to respond to future PEG access related RFPs.

The Community Media Producers Association (CMPA) supports competitive, open bidding through the State procurement process for PEG access and compliance with state procurement law.

CMPA recommends DCCA consider the management and funding of the public, education, and government access television services be separated into three distinct sectors to ensure transparency, oversight and accountability.

CMPA also recommends consideration of the following points:

   1. Split the PEG funding into three allocations: Public, Education & Government.
   2. Raise the franchise fee to 5%
   3. Allocation of franchise fee to be split to fund 3% for the Public, and 2% for Government (Education is part of government)
   4. Let E and G sectors determine how to allocate their own (2%) funding to meet their mission(s)
   5. Should DCCA wish to fund KHET Public Television with franchise fees, take those funds from the 2% Government allocation
   6. Follow state procurement law to release a RFP for Public Access services
   7. Encourage new technology through competitive bidding
   8. Each franchise duration will be no longer than 8 years
   9. Contractually require the successful Public Access service provider to strictly comply with all applicable state open records and sunshine law.
10. Contractually require the successful Public access service provider to strictly comply with their first-come, nondiscriminatory mission
11. Contractually require the successful Public access service provider to be “membership” based organization
12. Do not appoint board members. Instead, contractually require the successful Public access service provider to define in their bylaws an open elections process for the board
13. Define penalties for noncompliance with first come non-discriminatory access
14. Designate 50 % of INET available for "P" purposes
15. Provide at least 2 (possibly 3 ) channels designated solely for “Public” access
16. Provide at least 2 channels designated solely for "Government” access
17. The “Government cable operator" shall provide on demand archiving of all government proceedings for access through the Internet, their cable system or both. (Legislature. City/County Councils, Neighborhood boards, etc.)
18. Request 1 gigabit (1 GigE) or better bandwidth speeds
19. Encourage P E G collaboration on provision of statewide server (Hitube)
20. Require hotel cable trunks to carry PEG Channels

Thank you for your time and consideration.