SELECTMEN’S MEETING TUESDAY, SEPTEMBER 28, 2004 6:30 P.M.
In attendance: Charles J. McCarthy, Marion V. McEttrick, James G. Mullen, Jr., David A. Colton, Town Administrator and Annemarie Fagan, Assistant Town Administrator.
Also in attendance: Jonathan Brown, Mary Ellen Berman and Bernie Lynch, III, members of the Broadband Monitoring Committee; Attorney Peter J. Epstein; James White, Manger of Government/Community Relations for Comcast; Lou Russo, Director of Government/Community Relations for Comcast.
A Cable Television Renewal License compliance hearing pursuant to Section 7.7 of the Cable Television Renewal License, which is captioned “Determination of Breach” was held to review whether or not Comcast of Milton Inc. is in breach of the following provisions of the Cable Televison Renewal License, which is dated October 16, 1997:
Section 3.4(a);
Section 3.4(f);
Section 4.1(a).
The Board of Selectmen published notice of tonight’s hearing in the Milton Times on September 16, 2004, a copy of which is attached to tonight’s hearing record as Exhibit 1.
Chairman McCarthy summarized for the record the breaches that led to tonight’s hearing:
Section 3.4 “Institutional Network”. The Board of Selectmen, as statutory Issuing Authority, sent a breach letter to Comcast, dated May 17, 2004, stating the Selectmen’s belief that Comcast was not in compliance with Section 3.4(a) because Comcast did not construct a hybrid fiber/coaxial I-Net as required. Said May 17, 2004 letter is attached hereto as Exhibit 2.
In a related I-Net matter, the Board of Selectmen, as statutory Issuing Authority, sent another breach letter to Comcast, also dated May 17, 2004, stating the Selectmen’s belief that Comcast was not in compliance with Section 3.4(f) because Comcast had not installed, provided, and/or maintained an I-Net Drop to the Council on Aging building, as required and as requested by the Town in writing. Said May 17, 2004 letter is attached hereto as Exhibit 3.
Section 4.1 “PEG Access and Local Origination Programming, Facilities and Equipment”. The Board of Selectmen sent a breach letter to Comcast, dated May 17, 2004, stating its belief that Comcast had not employed a minimum of two (2) full-time staff persons in its Milton studio during a six (6) month period in 1999 and during a five (5) month period in 2000, as required. Said May 17, 2004 letter is attached hereto as Exhibit 4.
Pursuant to Section 7.7(c) of the Renewal License, Comcast was provided a reasonable opportunity to offer evidence and be heard at tonight’s hearing. James White, Manager of Government/Community Relations and Lou Russo, Director of Government/Community Relations for Comcast addressed each of the items of breach outlined by Chairman McCarthy. Mr. White requested that a letter sent to the Town on June 4, 2004 which addressed the staffing issue at the studio be attached hereto as Exhibit 5 and a letter sent to the Town on June 4, 2004 which addressed construction of a hybrid/fiber coaxial institutional network and I-net drop to the Council on Aging Building be attached hereto as Exhibit 6. Chairman McCarthy acknowledged receipt of said letters. Mr. White
stated that Comcast is willing to provide video connectivity to the Council on Aging building at 10 Walnut Street.
Jonathan Brown, a member of the Broadband Monitoring Committee addressed the Board with his concerns relative to Comcast not constructing a hybrid fiber/coaxial I-Net drop to the Council on Aging building and the cable connection at Milton High School.
The Board closed the public hearing this evening but will accept comments in writing until 5:00 p.m. Tuesday, October 5, 2004.
The Board will issue a report within thirty days from the date of this public hearing.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously at 7:55 p.m. to adjourn.
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