Comcast Franchise Renewal Underway

Only two residents spoke at a public hearing Thursday on Comcast's cable franchise renewal.

Comcast's Director of Government Affairs Charles Smith III briefly described the franchise renewal process, noting Plainfield had the option during a three-year "ascertainment period" to look into the cable operations and produce a report, but he said the city did not do so. The report would have been due by August 3 of last year.

The company's franchise renewal application is on file in the city clerk's office. Comcast must answer four basic questions, he said, regarding renewal. From the state Guide to Franchise Renewal, the four aspects are:

- Whether the cable operator has substantially complied with the franchise.

- The quality of the cable operator's service. 

- The cable operator's ability to meet its financial, legal and technical obligations under the franchise.

- Whether the cable operator's proposal is reasonable to meet the future cable needs of a municipality.

Smith said two areas the municipality may not consider are rates, which are governed by state statutes, and programs.

Councilman Cory Storch asked Smith to outline the steps in franchise renewal. Smith said after the hearing, Comcast would be meeting with city officials to discuss conditions under which the the city would renew the franchise. After those negotiations were concluded, he said, an ordinance would be drafted. According to the franchise renewal guide, the Office of Cable Television within the New Jersey Board of Public Utilities reviews it and if it is complete, the process moves into a "Certificate of Approval" phase. Smith said it takes about six months.

The city's last franchise with Comcast of the Plainfields dates back to 1999. According to a BPU timetable, it was due to expire in August of 2009, but Comcast invoked a five-year automatic renewal. The three-year ascertainment process should have begun in 2011. The new expiration date is August 3, 2014.

Only two people spoke at the hearing, which along with the council's regular meeting had been rescheduled from March 10 to March 20.

Resident Alan Goldstein expressed concern about numerous fallen and tangled cables caused by Hurricane Sandy, saying they are wrapped around trees and poles. He said he hoped Comcast "would be a little more responsive to customers."

The second speaker was Lamar Mackson, former chairman of the Plainfield Cable Television Advisory Board and now managing director of the city's Media Division, according to LinkedIn. Mackson said the board members' terms were not renewed, so the board was unable to conduct the ascertainment. His term ended at the end of 2011, according to city records.

The board was revived with appointments of Mackson and others in February. It is unclear how negotiations on a franchise will be handled. The city's other cable provider, FiOS, is carrying out its franchise renewal directly with the state. The city receives more than $400,000 in franchise fees from the two providers.

--Bernice