94-23Posted on Dec 13, 1994 in Formal Opinions
Opinion Letter No. 94-23
December 13, 1994
Community Television Station Is Not an Agency
[NOTE: This opinion was overruled by OIP Op. Ltr. No. 02-08.]
The OIP opined that Ho`ike: Kaua`i Community Television, Inc. (“Ho`ike”) is not an “agency” for purposes of the UIPA. Ho`ike is not “owned, operated, or managed” by or on behalf of any state or county agency and therefore does not fall into the definition of an “agency” in section 92F-3, Hawaii Revised Statutes.
As a non-government entity, Ho`ike receives no financial support or other government assistance, and government does not control its activities and operations. Ho`ike is a private, non-profit corporation which provides community broadcasting for the island of Kaua`i. Furthermore, as providing community broadcasting is not a required function of any government agency, Ho`ike does not perform a government function. Accordingly, the OIP found that Ho`ike is not a government agency that is subject to the UIPA. OIP Op. Ltr. No. 94-23 (Dec. 13, 1994)