Terms Used In Hawaii Revised Statutes > Chapter 440G - Cable Television Systems

• Access organization: means any nonprofit organization designated by the director to oversee the development, operation, supervision, management, production, or broadcasting of programs for any channels obtained under section 440G-8, and any officers, agents, and employees of such an organization with respect to matters within the course and scope of their employment by the access organization. See Hawaii Revised Statutes 440G-3
• action: includes an administrative enforcement action by any state or county agency, board, or commission against a landowner for a land use violation or a currently unauthorized structure encroaching on public lands, including but not limited to submerged lands or lands within the shoreline, that falls, slides, or comes onto public land, or arises from or benefits an adjoining or abutting private land. See Hawaii Revised Statutes 501-151
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Basic cable service: means any service tier which includes the retransmission of local television broadcast signals. 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
• Cable operator: means any person or group of persons who:

  (1) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or

  (2) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system. See Hawaii Revised Statutes 440G-3

• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date and time of deregistration: means :

  (1) The date and time that a certificate of title for land, other than a fee time share interest, is recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;

  (2) The date and time, if prior to July 1, 2012, when a certificate of title for a fee time share interest was recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter, whether such certificate of title was or is certified by the assistant registrar prior to, subsequent to, or on July 1, 2012;

  (3) July 1, 2012, at 12:01 a. See Hawaii Revised Statutes 501-20

• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deregistered land: means :

  (1) Land, other than a fee time share interest, that is the subject of a certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;

  (2) A fee time share interest that is the subject of a certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter prior to July 1, 2012, whether the certificate of title is certified by the assistant registrar on, before, or after July 1, 2012; and

  (3) All other fee time share interests. See Hawaii Revised Statutes 501-20

• Devise: To gift property by will.
• Disqualification: means any of the following three actions:

  (1) The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance;

  (2) Any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); or

  (3) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under Title 49, Code of Federal Regulations Part 391. See Hawaii Revised Statutes 286-231

• Employer: means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. See Hawaii Revised Statutes 286-231
• Endorsement: means an authorization on an individual's commercial driver's license or commercial learner's permit required to permit the individual to operate certain types of commercial motor vehicles. See Hawaii Revised Statutes 286-231
• entering: means to note the purpose of a filed or recorded document on the certificate of title. See Hawaii Revised Statutes 501-20
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fatality: means the death of a person as a result of a motor vehicle accident. See Hawaii Revised Statutes 286-231
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• filing: means to accept, maintain, and preserve all instruments required to be filed. See Hawaii Revised Statutes 501-20
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Hazardous material: means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. See Hawaii Revised Statutes 286-221
• Hazardous materials incident: means an occurrence or likely occurrence or potential of a spill, release, leakage, dumping, or loss of control of a hazardous material during the course of transportation in commerce including loading, unloading, or temporary storage. See Hawaii Revised Statutes 286-221
• Imminent hazard: means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury, or endangerment. See Hawaii Revised Statutes 286-231
• Infectious substance: means a viable microorganism, or its toxin, which causes or may cause disease in humans and animals, or which is further described as an infectious substance in Title 49 of the Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 286-221
• judgment: includes an order or decree having the effect of a judgment. See Hawaii Revised Statutes 501-151
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Leasehold time share interest: means a time share interest consisting of an undivided interest in an apartment lease. See Hawaii Revised Statutes 501-20
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Medical waste: means for transportation purposes, shipments of medical waste material generated in the diagnosis, treatment, or immunization of human beings and animals, in research pertaining thereto, in the production or testing of biologicals, or which are further described as regulated medical waste in Title 49 of the Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 286-221
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Noncommercial motor vehicle: means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle (CMV)" under § 286-2. See Hawaii Revised Statutes 286-231
• Out-of-service order: means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to Section 386. See Hawaii Revised Statutes 286-231
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public place: includes any property, building, structure, or water to which the public has a right of access and use. See Hawaii Revised Statutes 440G-3
• Public utilities commission: means the public utilities commission of this State. See Hawaii Revised Statutes 440G-3
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• recording: means to make an entire literal copy of all instruments required to be recorded. See Hawaii Revised Statutes 501-20
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• School: means an academic and noncollege type regular or special education institution of learning established and maintained by the department of education or licensed and supervised by that department. See Hawaii Revised Statutes 440G-3
• School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, but does not include a bus, as defined under § 286-2, used as a common carrier as defined under § 271-4. See Hawaii Revised Statutes 286-231
• Serious traffic violation: means conviction of any of the following offenses when operating a commercial motor vehicle, except for weight, defect, and parking violations:

  (1) Excessive speeding involving any single offense for any speed of fifteen miles per hour or more above the posted speed limit;

  (2) Reckless driving or driving a commercial motor vehicle in disregard of the safety of persons or property, including but not limited to offenses of driving a commercial motor vehicle in wilful or wanton disregard for the safety of persons or property;

  (3) Improper or erratic traffic lane changes;

  (4) Following a vehicle ahead too closely;

  (5) A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal traffic accident;

  (6) Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver's license;

  (7) Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver's license in the driver's possession; provided that this paragraph shall not apply to a citation issued under, or an offense disposed of pursuant to section 286-116(a) or a substantially similar provision of law in another state;

  (8) Driving a commercial motor vehicle without the proper class or endorsements of commercial driver's license or commercial learner's permit for the specific vehicle group being operated or for the passengers or type of cargo being transported;

  (9) Texting while driving in violation of a state or county law or ordinance; or

  (10) Using a mobile electronic device in violation of a state or a county law or ordinance. See Hawaii Revised Statutes 286-231

• Service area: means the geographic area for which a cable operator has been issued a cable franchise. See Hawaii Revised Statutes 440G-3
• Signature: means the name of a person as written by the individual, the affixing of a mark or finger or toe print, or electronic signature as that term is defined in chapter 489E. See Hawaii Revised Statutes 501-20
• State: means the State of Hawaii. See Hawaii Revised Statutes 501-20
• Subpoena: A command to a witness to appear and give testimony.
• Tank vehicle: means any commercial vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. See Hawaii Revised Statutes 286-231
• Texting: means manually entering alphanumeric text into, or reading text from, an electronic device, and includes short message service; e-mailing; instant messaging; a command or request to access a world wide web page; pressing more than a single button to initiate or terminate a voice communication using a mobile telephone; and engaging in any other form of electronic text retrieval or entry, for present or future communication. See Hawaii Revised Statutes 286-231
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Video programming: means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. See Hawaii Revised Statutes 440G-3