part II is 34 minutes 18 seconds and can be found at: http://www.archive.org/details/Akaku_V_DCCA_part_II
Akaku, Maui’s Community Television provider’s motion for preliminary injunction to stop the Hawai'i State Procurement Office (SPO) & Department of Commerce and Consumer Affair's (DCCA) Request For Proposal (RFP) process was heard before Judge August in the Second Circuit Court October 4, 2007. After reviewing the matter, Maui Circuit Court Judge Joel August asserted that the State’s current RFP process for Media Access Organizations (PEGs) violates State Law and due process requirements. The judge noted that "if we're getting into the area of standardless discretion, then clearly there needs to be some rules" for the designation of a nonprofit to manage PEG Access resources. He went on to say "The defendants (the state) treat the supplying of this service to the public as a matter of internal management and, quite frankly, it sounds like noblesse oblige, wherein no private rights or procedures available to the public are legally available."
The judge dismissed the case without prejudice, strongly suggested that DCCA put administrative rules in effect regarding the designation of a nonprofit as a PEG organization (rather than only having a law that defines PEGs in one sentence, HRS 440g-3) , and required the 2 state deputies attorney general, Rodney Tam and Patricia Ohara, to return with an update on their progress at creating rules pursuant to HRS Chapter 91 at the end of November 2007.
It's ODD that no one mentioned that this whole mess is based on an Attorney General opinion which the AG & DCCA refuse to make public! I wonder if Judge August saw it?
It also appears the judge thinks the statewide monopolpy cable operator, Oceanic Time Warner (OTW), coughs up the funds for PEG, but truth be known, DCCA allows the cable operator to pass the funds on to the cable subscribers! So, we pay part of the rent for OTW to use our public right of ways! Think about that!
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