from: Akaku Maui Community TV [1]

AKAKU STAVES OFF STATE TAKEOVER IN COURT

Akaku, Maui’s Community Television Network will not be put out to bid
this month as the state had originally planned. Akaku’s motion for
preliminary injunction to stop the Request For Proposal (RFP) process
was heard before Judge August in the Circuit Court Thursday morning,
October 4, 2007. After reviewing the matter, Maui Second Circuit
Court Judge Joel August asserted that Akaku is likely to win its
lawsuit claiming that the State’s current RFP process for Media
Access Organizations violates State Law and due process
requirements, however, the Judge decided to decline the issuance of
the preliminary injunction at this time.

While August declined to rule on whether “procurement” is the best
method for designating Public, Educational and Government (PEG) Access
stations like Akaku, he did indicate that if the State failed to
follow the law and go through the public rule-making process for
designating PEG stations, he would swiftly grant the injunction to
stop the RFP. Unlike the current ad hoc process, the rule-making
process requires a variety of procedural safeguards that require
publication of the notice in the newspaper over the course of a month
and ample time for the public to present evidence regarding the
proposed rule. This process will be forthcoming.

Judge August stressed the unique nature of PEG Access contracts.
Other contracted services do not deal with the public exchange of
ideas and cost savings may not be the best basis on which this
particular contract is awarded due to the Constitutional
ramifications of free speech. He emphasized that the public’s
exchange of ideas is being severely curtailed across the country due
to media consolidation and cited that the need for diversity and localism
in media access, particularly in rural communities, is essential for
an informed democracy. He continued to state that Akaku has provided
Maui County’s PEG access services for 15 years without interruption
and that barring an egregious breach of contract the State should
“ride that horse” until the RFP protest is resolved.