WHEREAS, the state Department of Commerce and Consumer Affairs (DCCA) was designated the cable franchising authority for the State of Hawaii by the Federal Communications Commission (FCC); and

WHEREAS, DCCA assesses 2% of the cable companies gross revenues to fund public, educational and government access (PEG) for the value given to cable companies to operate using the public right of way; and

WHEREAS, the legislative intent in assessing 2% of cable companies gross revenues was to ensure cable companies contribute to the community for the cable companies use of the public right of way; and

WHEREAS, the cable companies throughout the state avoided legislative intent and passed the entire cost of funding PEG access onto the cable subscriber as part of their cable bill; and

WHEREAS, the director of DCCA and the cable companies appoint all board members to the non-profit access corporations established by DCCA to operate PEG access; and

WHEREAS, the cable subscribers now pay the entire cost of PEG access, but have no membership in the non-profit access corporations, nor representation on the non-profit access corporation boards; now, therefore

BE IT RESOLVED that the membership of the non-profit PEG access corporations be composed of the cable subscribers living in the cable service franchise area in which the non-profit access corporation operates; and

BE IT FURTHER RESOLVED that the board of directors of the non-profit PEG access corporations in the State of Hawaii be elected by majority vote of the membership through the ballot process at the PEG non-profit access corporation's annual meeting; and

BE IT FURTHER RESOLVED that the copies of this resolution be sent to the Governor, State Legislature, and State Convention.