Hawaii, 2008, SB1789 Testimony re: Excluding Public Access Community Television Contracts from Procurement Code
The State of Hawaii, 2008, SB1789 Testimony re: Excluding Public Access Community Television Contracts from Procurement Code reveals the two distinct strategies being taken by both proponents and opponents of this Bill.
On one hand, the incumbent PEG Access Providers, led by CEO/President of Akaku: Maui County Communty Television, Jay April and Lawyer representing Akaku: Maui County Community Television, Lance D. Collins, trotted out a classic chorus line of testimony of employees and select individuals privileged to have access to incumbent PEG Access facilities on Maui and Oahu. While the conflict of interest for testifying community television producers and the potential for retaliatory denial of access by the incumbent PEG Access organizations, salts these individual's testimony to at least understandable palatability, the lack of candor on the part of the Akaku: Maui County Community Television employees that do not reveal that they are staff of Akaku: Maui County Community Television and receive direct benefits, financial or otherwise, in their testimony, display a clear conflict of interest, while simultaneously, and rather publicly, demonstrating their cavalier disregard for the very principles that they quite hypocritically claim to stand for, as long as they get to keep their jobs.
On the other hand, a single individual provided testimony representing the views of Hawaii's Independent Community Television Producers, and countless thousands of residents that believe in open, universal, public access, and a fair competitive procurement process is the best way to both acquire Public, Education and Governmental Access Community Television Services, as well as to provide the means for the community at large to ensure this commitment by the PEG Access Organization to the community, after the contract has been signed.
Collins' signature redundant, time wasting and governance clogging parade of Supportive testimony from incumbent employees and community television producers is attached below.
The extremely well written, concise and informative opposition testimony of Jeff Garland representing the community at large is provided here:
From: jeff garland [digitaleye@hi808.net]
Sent: Monday, February 25, 2008 1:28 PM
To: testimony
Subject: CPH TESTIMONY SB 1789 02/26/08 9 a.m. room 229
Aloha Chair Kokubun, Vice Chair Ige, and Senators Espero, Ihara, Sakamoto, Taniguchi and Trimble,
My testimony is in strong opposition to SB 1789 in its current form as it removes any possibility for competition for our Free Speech providers effectively removing any incentive for incumbent providers to improve. I see no compelling reason to exempt PEG contracts from State Procurement Law. You are all aware that the current PEGs were created b y the State and then designated by DCCA in violation o f their own statute, HRS 440g. The legislature and DCCA have failed to make clear in any applicable law, rule, order or contract that the intent of Public Access Television is for First Amendment purposes. Perhaps it is finally time for you all to make that point clear by adding the appropriate language to HRS 440g instead of exemption language. Competition is good in a Democratic society. If you do not believe so, then please do not compete again once your term expires.
Attached is my proposed concurrent resolution for an audit o f the DCCA Cable Television Division which I am requesting you all introduce. I wish for it to be considered as par t of my testimony as it substantiates why no competition is wrong. As you read the testimony in support of this anti free speech, anti free choice legislation, keep in mind the majority of it is from PEG Corporation staff, school children, and specially facilitated benefactors of the current PEGs. Please ask why the PEGs didn't ask the thousands of clients that no longer utilize them to testify. Also ask why none of their requested testifiers see no benefit at all in competition.
"Passive acceptance of the teacher' s wisdom is easy to most boys and girls. It involves no effort of independent thought, and seems rational because the teacher knows more than his pupils; it is moreover the way to win the favour of the teacher unless he is a very exceptional man. Yet the habit of passive acceptance is a disastrous one in later life. It causes man to seek and to accept a leader, and to accept as a leader whoever is established in that position." Bertrand Russell
Per Hawai'i state legislature's standard of performance, I fully expect you to pass this measure to make what has been done wrong now become acceptable, and to preserve your exceptional treatment by the incumbent providers. A vote in favor of this legislation is a vote in favor of keeping Hawai' i in its consistent last place positions in educational endeavors and communication technologies, not to mention critical thinking.
Do not pass this measure.
Sincerely Disgusted,
Jeff Garland
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