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HomeMy WebLinkAboutResolution No. 2026-06, Draft 1COUNTY COUNCIL COUNTY OF KAUA`1 r t 0 11 No. 2026-06, Draft 1 RESOLUTION URGING THE HAWAI`I STATE LEGISLATURE TO ENSURE THE LONG-TERM SUSTAINABILITY AND FUNDING OF PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS MEDIA IN HAWAI`I WHEREAS, Hawai`i's four (4) Public, Educational, and Governmental (PEG) Television Stations — `Olelo Community Media (O`ahu), Akaku Maui Community Media (Maui County), Na Leo TV (Hawai`i Island), and Ho`ike: Kauai Community Television (Kaua`i) — were established to advance public access to media and communication, empower residents to tell their own stories, and strengthen community participation in civic life; and WHEREAS, Hawai`i's PEG television stations are funded through franchise and access fees paid by cable subscribers, which are reinvested into free media training, equipment, and facilities that enable individuals, schools, and organizations to produce noncommercial programs that inform, educate, and engage the public; and WHEREAS, these stations serve as essential public services — providing platforms for community news, local government transparency, educational programming, cultural preservation, and emergency communication during times of crisis; and WHEREAS, the Department of Commerce and Consumer Affairs (DCCA), which regulates cable franchises, has extended supplemental PEG Access operating agreements only through June 30, 2026, creating uncertainty regarding the long-term viability of community access media in Hawaii; and WHEREAS, DCCA has signaled its intent to significantly reduce Access Operating Funds (AOF) for PEG providers, as demonstrated in Decision & Order No. 386 (Kaua`i County), which approved Charter Communications' franchise renewal and reduced PEG funding pursuant to Federal Communications Commission (FCC) Rule 621; and WHEREAS, the DCCA has also initiated franchise renewal proceedings for Maui County using outdated and incomplete data from 2013, with similar intent to reduce PEG Access funding, and has indicated future reductions for Na Leo o Hawai`i and `Olelo Community Media; and 1 WHEREAS, such reductions would severely impair the PEGS' capacity to fulfill their core mission of providing equitable access to media tools, education, and civic information across all islands, particularly as these organizations actively strengthen Hawai`i's creative industries by supporting youth and residents through workforce development initiatives, film challenges, and professional training in media production and storytelling; and WHEREAS, Charter Communications and Cox Communications have announced a proposed merger expected to be completed in the first quarter of 2026, subject to approval by the DCCA, which presents a critical opportunity for the State to negotiate community -benefiting franchise conditions; and WHEREAS, former DCCA Director Keali`i Lopez publicly acknowledged that the State failed to leverage prior merger negotiations to secure stronger terms — such as high -definition channels for PEGS — to better serve the public interest; and WHEREAS, this upcoming merger provides a timely and necessary opportunity for the State of Hawaii and all four (4) counties to assert their authority to ensure PEG Access sustainability, equity, and modernization; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA`I, STATE OF HAWAI`I, that the Hawaii State Association of Counties (HSAC) urges the Hawaii State Legislature.to: 1. Affirm the critical public service role of Hawai`i's PEG Access organizations as essential community communication infrastructure. 2. Establish statutory protections ensuring PEG Access providers receive no less than three percent (3%) of gross cable revenues in Access Operating Funds for the full duration of each franchise term. 3. Require DCCA to consult with and obtain ratification from each County prior to approving any merger, franchise renewal, or modification affecting PEG Access operations and funding. 4. Mandate the inclusion of high -definition channels, digital modernization support, and increased annual capital payments in all future franchise agreements. 5. Extend PEG Access operating agreements beyond June 30, 2026, to provide long-term stability and planning capacity for Hawai`i's community media ecosystem. BE IT FURTHER RESOLVED, that HSAC urges the Governor and the DCCA to condition approval of the Charter/Cox merger on contractual commitments restoring full PEG funding, eliminating FCC Rule 621 deductions, and ensuring equitable, county -specific franchise terms that reflect Hawai`i's unique cultural and geographic diversity; 2 BE IT FINALLY RESOLVED, that a certified copy of this Resolution shall be transmitted to Senator Mazie K. Hirono, Senator Brian E. Schatz, Representative Ed Case, Representative Jill Tokuda, Governor Josh Green, M.D., Director and Deputy Director of the Department of Commerce and Consumer Affairs, Administrator of the Cable Television Division, the Department of Business, Economic Development and Tourism, Senate President Ronald D. Kouchi, Speaker of the House Nadine K. Nakamura, and the Honorable Mayors and County Councils of all four (4) Hawai`i Counties. Introduced by: /s/ ADDISON BULOSAN /sl BERNARD P. CARVALHO, JR. V:\RESOLUTIONS\2024-2026 TERM\Resolution No. 2026-06 Draft I PEG Media in Hawaii (AB BQ JY_ss.docx e pa QTxweb ACCU50 jgulooan x CCarbalho x cowben x JLgollanb x Raue5biro x Ruati'i x 3Rapo3o x Total 7 0 0 0 Certificate Of Z(boption 19e hereby certifp that 3&vgotution ,Qo. 2026-06, Draft 1 Was abopteb by the (Council of the Countp of Raua`t, 6tate of gabJai`t, 17ihu`e, Raua`i, �L9abJai`i, On February 18, 2026 c4n�tr(c7lerl- �ateb February 19, 2026 (Chairman & Vresibing (Officer 3