Debate Continues Over Village Cable Franchise Fees

New factions are apparently joining the debate over proposed regulations to the Federal Communications Commission (FCC) about how villages like Mineola handle their relationships with cable companies.

The resolution, which was adopted April 7 and whose 60 day comment period is closed, would reportedly eliminate village’s authority over “the stringing of cable wires,” broadband internet and strip villages of their ability to negotiate with cable companies for franchise fees.

At the June 15 village board meeting, Trustee Lawrence Werther hypothesized that 19 if the measure was approved. During Wednesday night’s meeting of the , Werther said he was recently contacted by Cablevision representatives stating it “should not be a concern.”

In a , Congresswoman has stated that local concerns should preempt FCC regulations as far as the rights of way are concerned. The Nassau Village Officials Association has also taken the same position.

According to Werther, three of the five-member FCC boards have responded by said they will be “sensitive to our needs in these negotiations and they will be mindful of not infringing on local rights.”

The $330,000 in franchise fees collected by the village help pay to broadcast the public meetings for the village according to village attorney John Spellman.

Spellman stated that franchise fees were implemented since villages “don’t want to make an unconstitutional gift to private companies or enterprises” since cable companies have requested use of village air space and telephone poles to string cables.

A franchise fee is negotiated each time contract expires. The standard fee is 3 percent and a 2 percent override for maintenance of equipment and personnel to provide shows for the village.

Several residents called the fee a “hidden tax” and expressed frustration that the moneys being collected were deposited into the village’s general fund and not in an account dedicated to the public access channel.

In Werther’s view the franchise fee is a “voluntary tax,” since “there’s nothing that forces you to take a cable whether it’s Verizon or it’s Cablevision” as well as a tool that gives the village “a certain latitude” in negotiations with the companies. He also pointed out that “there are options that don’t have a tax,” such as satellite dishes to which residents can subscribe.

Spellman acknowledged the debate of “having less than the whole pay this cost,” calling it  “a fair issue” and stating that the board might consider changes when the current contracts expire.