Comcast denies violations
Selectmen plan to seek legal advice
The company's position, outlined in a letter to the town last Monday, came in response to the selectmen's decision nearly three weeks earlier that Comcast was violating its license terms. Comcast's letter does not address suggestions made by selectmen, in a letter accompanying their March 4 decision, on how the firm could come into compliance.
Selectmen chairman David Petersen said the board has forwarded Comcast's letter to its legal counsel and at an upcoming meeting plans to discuss with him how to proceed. The board in its March 4 decision said it would pursue legal avenues if Comcast did not fully comply with the contract or reach an agreement with the town on a remedy within 21 days.
"I was hoping we could make some progress with our suggested alternatives to the current situation," Petersen said. "It would have been nice to see some give and take on the part of Comcast to go along with it, just to get this matter settled and off the table. But we will take a look at their communication and we will address it appropriately once we've examined it and looked at our legal case."
The exchange marks the continuation of a dispute between Rowley and Comcast that dates to the firm's closure in late 2006 of a regional cable access studio in Newburyport that had served Newburyport, Newbury, Rowley, and Ipswich. The closure resulted from a new license renewal agreement between Newburyport and Comcast in which the city assumed responsibility for its own local access programming.
Rowley officials contend that since the closure, Comcast has failed to provide Rowley with the studio, channel, or cablecasting service that its contract with the town requires. Comcast disputes the charge.
"We believe that we are in compliance with the license," Comcast spokesman Marc Goodman said. "We welcome the opportunity to meet with the town to further discuss the matter and we look forward to reaching a result that works for our customers, the town, and the company."
Even as the conflict persists over Comcast's compliance with the existing contract, which expires in late September, the two sides are preparing to negotiate the terms of a new contract.
At the same time, Comcast is facing new competition in Rowley. Selectmen on Dec. 17 awarded
The selectmen's finding followed an Oct. 25 hearing on allegations Comcast was violating its contract.
A Comcast representative at the hearing denied the allegations, which also accused Comcast of violating a requirement to provide programming from Town Hall and Pine Grove School. Selectmen concluded Comcast is now complying with that provision.
The selectmen noted Comcast had offered use of its Amesbury studio, but they said "there is no existing means to cablecast programming . . . from the Amesbury studio to Rowley's Comcast subscribers."
Comcast stated that Rowley residents could cablecast from Town Hall - with the use of a DVD player - programming produced at the Amesbury studio. But selectmen said such an arrangement did not meet the firm's obligation to maintain a studio for Rowley, and the use of Town Hall for cablecasting, including after business hours, raised security and liability concerns.
In its response, Comcast wrote, "While the location has changed from the city of Newburyport to the town of Amesbury, the ability of Rowley residents to utilize an area-wide studio facility that is geographically convenient has always existed.
"The town's argument that there is a requirement to cablecast programming from the area-wide studio facility remains unsubstantiated."
Selectmen said no access channel is being provided by Comcast "because neither town residents, nor persons affiliated with a Rowley institution have access to or are otherwise able to use" programming on an access channel.
Comcast replied it has provided Rowley with a channel. It said that since Rowley "has not historically produced local programming on a regular basis, the default programming" is Channel 9 in Newburyport. "When the modulator in the Rowley Town Hall is switched on, it automatically overrides the default programming" and shows whatever the town wants to air."
"It's not up to us to be flicking switches," Petersen said last week. "It's up to them, till the contract expires."
Selectmen charged that Comcast is not living up to its obligation to cablecast access programming to its Rowley subscribers, since it is only able to air live meetings from Town Hall and the Pine Grove School. Comcast replied that it is meeting the terms of that contract provision.
Selectmen suggested one remedy would be for Comcast to connect its Amesbury studio to the Rowley system in order to cablecast to Rowley.
Another would be for Comcast to reach an agreement with the Newburyport Community Media Center, the nonprofit running the city's local access station, to provide Rowley with cable access services from the center. Petersen said the town's intent is that Comcast pay the center for those services through the end of Comcast's Rowley contract.
Petersen said the town anticipates that under the new contract it negotiates with Comcast, the town would take over its cable access programming. Part of the upcoming contract negotiations will concern how much financial support Comcast provides Rowley to carry out that function. Verizon through its contract has agreed to provide funding.
