§440G-8.3 Designation of access organizations for public, educational, or governmental access channels. [Repeal of section on June 30, 2014, by L 2011, c 19, §4 deleted by L 2014, c 93, §4.] (a) The director may designate access organizations in each franchise area to oversee the development, operation, supervision, management, production, and broadcasting of programs of public, educational, or governmental access facilities obtained under section 440G-8; provided that the designation shall be exempt from chapter 103D.

(b) No access organization shall be designated except upon written application or proposal to the director, and following a public hearing on each island within the local franchise area that provides opportunity for public input and allows interested parties to intervene.

(c) In determining whether to make a designation, the director shall consider:

(1) The content of the application or proposal;

(2) The public need for the proposed service;

(3) The ability and experience of the applicant to offer public, educational, or government programming broadcast services;

(4) The suitability of the applicant;

(5) The financial responsibility of the applicant;

(6) The technical and operational ability of the applicant to perform efficiently the services for which the designation is requested;

(7) Any objections arising from the public hearing, the cable advisory committee, or elsewhere; and

(8) Any other matters that the director deems appropriate under the circumstances.

(d) The director may require an applicant to provide information on its process for selecting members of its board of directors; provided that the director shall have no authority to require that an applicant amend its selection process as a condition of designation.

(e) An applicant shall provide information regarding its past performance and any proposed practices for ensuring that the public, educational, or governmental access facilities support the diversity of viewpoints and uphold the public's right of free speech.

(f) The director shall ensure that the terms and conditions required of the operation of an access organization designated under subsection (a) are fair to the public, taking into account the geographic, topographic, and economic characteristics of the service area and the economics of providing cable access in the service area.

(g) Any decision designating, modifying, or rescinding a designation of an access organization or the requirements therefor shall first be submitted to the cable advisory committee for advice under section 440G-13. [L 2011, c 19, §1; am L 2014, c 93, §3]