A closer examination of the future of Cablevision in Brookhaven Town

A closer examination of the future of Cablevision in Brookhaven Town

Town Supervisor Dan Panico at a Town Board meeting. Photo from TOB

By Nasrin Zahed

The Town of Brookhaven is currently at a crossroads in its relationship with the cable and internet conglomerate Cablevision/Optimum/Altice, as officials considered the franchise agreement renewal, in the name of Suffolk Cable Corporation, during a Town Board meeting held Thursday, Nov. 16.

The agreement, granting the company sole authority to provide cable services within the town, is a multifaceted document that delineates Optimum’s rights and establishes the framework for the town’s regulatory role.

Understanding the context of the franchise agreement requires a closer look at the regulatory landscape governing cable services in the town. As revealed in recent information, a cable operator must apply for a franchise to provide cable services. Notably, it may operate outside the agreement, which is expressly limited to cable television services. The town lacks authority over internet and telephone services, even if the same cables and equipment used are shared for cable television delivery.

State and federal regulations further shape the town’s authority over cable television franchises. The town also cannot regulate programming on a cable television system and is constrained in its ability to control rates, except for the most basic level of service. Federal limitations also extend to franchise fees, capping the town’s ability to require payments from the cable operator.

During the meeting, town Supervisor-elect Dan Panico (R) expressed concerns about the internet and cable providers’ profit motives. “There’s nothing that can be said here today to lead me to believe that they are not jacking up prices and having meetings to see where the threshold pain point is to extract as much money from residents as possible,” he said.

In response to these regulatory constraints, the town has engaged the services of a special counsel, Thomas Levin, to negotiate an agreement that maximizes the town’s authority within legal bounds while ensuring the delivery of quality cable television services to the Brookhaven community. The proposed agreement spans a decade, during which the cable operator commits to providing cable television in the unincorporated areas of the town.

One essential aspect of the proposed agreement is regulating the cable system’s operation under federal and state law. The agreement allows the town to impose a franchise fee, capped at 5% of the cable system revenues, ensuring a balanced approach to funding the regulatory framework.

The proposed agreement outlines procedures for the town to verify credit payments and secure $222,100 in grants from the cable television operator. These funds are earmarked for supporting public, educational and government cable programming — a crucial step in enhancing community engagement and access to information.

As the town navigates the landscape of cable service regulation, community participation becomes integral in shaping the future of cable services within its borders. A recent public statement from town officials invites community members to share their experiences with their cable and internet providers and contribute to the decision-making process.

This call to action is noteworthy given the proposed changes to the agreement, including a senior citizen discount and the introduction of a cable subscriber bill of rights.

The Town Board will reconvene on Thursday, Nov. 30, at 5 p.m., with a highly anticipated public hearing to consider a change of zone for the Jefferson Plaza property in Port Jefferson Station. To view the full hearing, please visit brookhavenny.gov/meetings.