Hits: 0
WPCNR WHITE PLAINS WIRED. By John F. Bailey with Technical Assistance from Don Hughes. April 4, 2007: The White Plains Cable Television Access Commission deadlocked last night 2-2 when they were asked to approve the proposed Franchise Agreement between Verizon and the City of White Plains introduced two weeks ago. However, three of the four members attending learned to their surprise that whether or not they had questions or reservations about the agreement, their input would not be considered. The deal had already been decided according to the Chair of the Commission, Dr. Valiere Alcena.

White Plains Cable Television Access Commission meeting Tuesday evening on the Verizon proposed franchise agreement.
Though four members of the Cable Commission present all were in favor of another company coming in to compete with Cablevision in the White Plains market, Mary Ann Keenan and Milogros Lecuona said they had many questions to be answered to determine if the $250,000 tech support upfront, $1 a subscriber paid each month for 15 years (approximately $228,000 to $240,000 a year, and 5% of Gross Revenues agreement was the best arrangement White plains could negotiate. Lecuona had numerous questions. Keenan said $250,000 technical support for the White Plains Public Access studios did not seem enough compared to the $800,000 the city received from Cablevision in cablevision’s recently expired franchise agreement with White Plains.

Dr. Valiere Alcena, (left) Chairing the meeting with Jim Kenny, (right) Executive Director of the White Plains Public Access Television studios.
James Kenny, the Executive Director of White Plains Public Access Television said it was the best agreement negotiated by any community in New York State.
Dr. Alcena, recently appointed chair of the commission, said the moneys from the $250,000 would be used to upgrade the station equipment to digital technology, and to build new studios. He did not say when this was expected to take place. He said he though Verizon proposed franchise agreement was a very good deal.
$228,000 Plus to Come to Cable After $250G grant ends.
Kenny told the gathering that the $1 a subscriber monthly fee for the 20,000 White Plains wired households would result in $228,000 a year for the cable television station, expected to develop meaningful dollar numbers after about three years (allowing time for Verizon to acquire subscribers). He said it would be significant money replacing the $250,000 technical grant beginning in the fourth year of the agreement.
WPCNR notes, on reading the agreement, that this would however depend upon the city allocating most, if not all the subscriber money to the station. The agreement as written does not specify that the $1 Verizon payment for each subscriber a month is required to be plowed back into cable television. It goes into the general fund, according to city Corporation Counsel Edward Dunphy at a public introduction of the agreement two weeks ago. Dr. Alcena said City Chief Financial Officer, Gina Cuneo-Harwood said that cable television could have “whatever they need.”
No time for answers from legal
As Ms. Lecuona and Ms. Keenan peppered Dr. Alcena and Mr. Kenny with questions, Alcena became defensive, and said that there was not time to answer questions and make changes in the agreement because the city might lose the deal due to Federal Communications 90 day rule that required the agreement to go into effect as is. Kenny pointed out the option that Verizon has of applying to the state asking for the present deal that Cablevision has previously, by which Cablevision pays 38 cents per subscriber, Kenny later said. But, they are no longer paying that having already paid out $800,000 over the 10 years of their contract, plus their 5% of gross revenues.
Kenny said the state is also preparing legislation that would negotiate a one-size-fits-all deal for each public access operation franchise in the state. Verizon, through a spokesperson told WPCNR, the company opposes this deal. Kenny also advised the city did not want to be stuck with a deal negotiated by the state.
A Dawning
After an hour an a half of discussion, and questions from the “studio audience,” this frank talk about a time limit on the part of Dr. Alcena and Mr. Kenny, shook up Ms. Keenan and Ms. Lecuonos who came to the realization they were not going to be able to make changes in the agreement. Thanks to a recording of the next dramatic moments made by Don Hughes, WPCNR is able to bring you this real life drama of government in action:
Dr. Alcena: (explaining the agreement):We gain some stuff. We lose some stuff.
Ms. Keenan: You’re saying there’s no —
Alcena,(interrupting): This is it. This is the deal.
Keenan: You got that from on high?
Alcena: Yes this is it
Keenan: So we’ve wasted our time tonight
Alcena: No, because it has to be presented to you.
Keenan: (Shouting) Yes…definitely!
Alcena: Mrs. Keenan, you’ve been in government a long time You know there is a process. (Unintelligible, conflicting voices) We lose some points, we gain some points. It’s not a perfect document. But this is the deal. Like it or not, this is the deal that was made. The lawyers for Verizon agreed to. Our lawyers agreed to. (Unintelligible)This is the facts. This is what the Verizon lawyers negotiated with us. This is what the lawyers for the city negotiated for us. This is what the Mayor agreed to. We are going through the process but this is it. I don’t want to say something that’s not real.
Keenan: Mr. Chairman, Mr. Chairman, I wish you would add to whatever statement you’re going to make — the fact that this group, if their opinion — and we can only give an opinion and we have no legal authority to vote up down or sideways — (on the agreement) but if the opinion that we (the Cable Commission) have was valued at all, we should have been shown the courtesy three months ago, that’s not over two years, to have a meeting with our attorney to tell us about — to ask us to give us the document and say is there anything here that you think ought to be looked at? Then we would have had an opportunity to say yes. And then we would have a month or two to have them come back to us and say you can or you can’t or what. That is the only kind of thing that makes this kind of meeting (tonight’s) sensible. And we didn’t do it.”
Alcena: Except from what I know of it, this was done at the very last moment. There was tough hard nosed negotiations… There was a lot going on in the background that I don’t know anything about… This was the deal that was negotiated…(Unintelligible, voices override) You’ve been in government, you know sometimes things are done behind closed doors, sometimes at 12 o’clock.
Keenan: That doesn’t mean we have to agree with it.
Alcena: I’m not saying you have to agree with it. I agree with it. You’re sort of like half way, half for it or not for it. Your points are very well taken. It’s going to the Common Council tomorrow night for a public hearing. By the 26th or whatever is the council (not clear) … The mayor has already commented on it in the newspaper, agreeing with it. The Mayor will not turn it down.
Keenan: Dr. Alcena, all I can say is, why didn’t you call us, and say, look, I’m sending you an agreement. This is what has been agreed to and this is it. Why didn’t you do that?
Alcena: The commission still has the right to go through this.
Keenan:) But For what? For what?
Alcena: This is the process.
(Then Dr. Alcena called the vote.)
Keenan: I am for another company in the city of White Plains. I am not necessarily for this franchise agreement.
(Laura Pinson, the only other member present voted for the agreement. Lecuona said she had too many questions, but was for competition in the city in cable television )
Alcena: 2 are for it, 2 are modified..
Keenan: Modified is not really the word
Keenan (summing up): We could get all the information in the world if we sat here for another 15 months it wouldn’t matter that is the point.
Alcena: I agree with you.
It was asked by another member of the Commission, if the cable commission voted it down, if it would affect the agreement, Alcina said, “I doubt it.”
Present Status:
The promise of as much as $228,000 to $240,000 a year in the $1 a subscriber income (split between subscribers Verizon’s FiOS-Tv signs up and Cablevision’s subscribers, is contingent on Cablevision agreeing to the same deal as Verizon has just done, which remains to be seen. Cablevision may comment at this evening’s public hearing.
Should Cablevision agree to a similar deal, they too may give the cable access television station $250,000 over 3 years in tech support, too.
Councilman Dennis Power, in attendance, said he did not know the 90-day deadline date the council was working against by which the city has to accept or decline or modify the negotiated agreement.
Who gets free service?
During the course of the evening leading up to the realization that the White Plains Public Access Cable Commission had no real say in the matter, Mrs. Keenan raised the issue of who determined that certain churches, organizations, institutions and private schools in White Plains would receive free Verizon FiOS TV service as part of the agreement. Mr. Kenny said this was determined by what buildings and institutions currently received free cable from Cablevision.
According to the Verizon draft agreement, in addition to city and public-owned buildings, those institutions to receive free FiOS TV, are: Stepinac High School, Our Lady of Sorrows School, Calvary Church, and Good Counsel Schools. Kenny advised Ms. Keenan that was still an open issue and that if they wanted to discuss it they would have to go into executive session.
Asked by Keenan when it was decided those institutions had been singled out for free cable from Cablevision in the past, Kenny did not know the answer to that question.
300 Days time frame to Hook Up Public Access?
It was also questioned why it would take ten months for Verizon to provide Mr. and Mrs. White Plains with Public Access Television channels 75,76 and 77.
According to the agreement, Verizon promises one station to be available in six months from the date of the agreement being approved, another station in and the third station within 10 months. Kenny explained that is still one of the open issues.
Members of the White Plains Cable Television Access Commission attending the meeting were: Dr. Valiere Alcena, Mary Ann Keenan, Milagros Lecuona, and Laura Pinson. Absent according to membership roles on the city website were Reverend Lester Cousin, Reverend Everett Parker, and John Taddei. There are two positions vacant.





