Town Board sets Cablevision contract public hearing

PINE PLAINS — The Town Board discussed its draft cable  contract at its Nov. 18 business meeting. Cablevision has supplied cable service to the town for many years. Attorney to the Town Warren Replansky was at the November Town Board meeting; he addressed the agreement between the cable provider and the town.

“It’s a good contract, very good,� he said. “The Public Service Commission had certain recommendations for changes. The term ‘reasonable’ is throughout, but it is a common phrase and it’s not unreasonable to use the word ‘reasonable.’ I went throughout the contract and made some changes.�

Replansky went on to say the town is in line to  get the franchise agreement with gross receipts. The question is, he said, does the town want to keep the franchise fee as is? Currently it’s 5 percent of gross receipts. Franchise fees are collected from indirect users.

“It’s like double jeopardy,� town Supervisor Gregg Pulver said. “It’s a corporation, so they pass the taxes on to the users. I would just assume we keep it the way it is and don’t double charge.�

Town Councilwoman Sandra David asked who Cablevision is required to serve. Replansky replied that the town was divided into primary and secondary service areas, both of which have been built out. They are based on the number of residences in a given area.

Aside from correcting “some contract things,� and modifying some of the language, the attorney said, “everything else is fine,� with the contract.

“If it’s OK with you, I’ll make the changes and then set up a public hearing,� Replansky said, adding that he’ll then forward those amended copies to the board. “Cablevision is really anxious to get to public hearing.�

Before the discussion ended, however, Councilman Bob Couse voiced his dissatisfaction with the cable company’s change from analog to digital, the cutting of some services and the need for customers to rely on a cable box.

“They took away 15 channels,� Couse said. “They’re violating something because they never told us.�

The councilman also queried if the company was responsible for supplying the cable boxes, since they’re necessary in order to receive channels. Replansky said the cable company is complying with federal law and not responsible for supplying the cable box.

“It’s a common issue but they’re not in violation of the contract agreement,� he said.

“If competition comes here …� Couse said, leaving the sentence unfinished but the threat looming.

Replansky nipped that scenario swiftly.

“Let me tell you,� he said, “you’re not getting any other cable carrier. You’re lucky to have this.�

The contract with Cablevision is for a 10-year period. The town supervisor added his thoughts.

“A cable provider could come in here and cut the rate,� he said. “But we can’t say that we’ll cut the franchise fee.�

“We should be so lucky,� Replansky said. “When we put things out to bid, only one cable company comes out to bid.�

The public hearing on the town’s contract  with Cablevision is set for Thursday, Dec. 16, at 8 p.m. at Town Hall. It is expected that a Cablevision representative will be present at that hearing.

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