Hawaii Revised Statutes 440G-7 – Cable franchise application or proposal procedure; public hearing; notice

An application or proposal for a cable franchise shall be [processed] as follows:

(1) After the application or proposal and required fee are received by the director and within a time frame established by rule, the director shall notify an applicant in writing of the acceptance or nonacceptance for filing of an application or proposal for issuance of a cable franchise required by this chapter;

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Terms Used In Hawaii Revised Statutes 440G-7

Applicant: means a person who initiates an application or proposal. See Hawaii Revised Statutes 440G-3
Application: means an unsolicited filing. See Hawaii Revised Statutes 440G-3
Cable franchise: means a nonexclusive initial authorization or renewal thereof issued pursuant to this chapter, whether the authorization is designated as a franchise, permit, order, contract, agreement, or otherwise, which authorizes the construction or operation of a cable system. See Hawaii Revised Statutes 440G-3
county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
Service area: means the geographic area for which a cable operator has been issued a cable franchise. See Hawaii Revised Statutes 440G-3

(2) After the issuance of a notice of acceptance for filing and within a time frame established by rule, the director shall hold a public hearing on the application or proposal to afford interested persons the opportunity to submit data, views, or arguments, orally or in writing. Notice thereof shall be given to the governing council and mayor of the county and to any telephone or other utility and cable company in the county in which the proposed service area is located. The director shall also give public notice of the application and hearing at least once in each of two successive weeks in the county in which the proposed service area is located. The last notice shall be given at least fifteen days prior to the date of the hearing;

(3) After holding a public hearing, the director shall approve the application or proposal in whole or in part, with or without conditions or modifications, or shall deny the application or proposal, with reasons for denial sent in writing to the applicant. If the director does not take final action after the issuance of a notice of acceptance for filing and within a time frame established by rule, the application or proposal shall be deemed denied; and

(4) The time limit for final action may be extended, on the director’s approval of the applicant’s request and justification in writing for an extension of time to the director at least two weeks in advance of the requested effective date of the extension, or by mutual agreement.

Chapter 440G Contents

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Hawaii Revised Statutes 440G-7 – Cable franchise application or proposal procedure; public hearing; notice

Terms Used In Hawaii Revised Statutes 440G-7

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