With neighboring communities receiving Public, Education, and Government (PEG) fees from Comcast cable, Independence Township wants its fair share.
‘Of the 10 to 12 municipalities that our firm represents, Independence Towship is the only one in this situation because under your expired franchise with Comcast, you didn’t receive any PEG fees, the township has never gotten anything from their cable provider,? said Kristin Kolb, attorney with Secrest and Wardle law firm.
‘All the other communities that we represent have always gotten something.?
The township signed a 10-year contract with Comcast in 2006, but has not received any profits from Comcast.
The board hired a consultant out of California to calculate how much the township should receive. Results indicate two percent, $160,000, annually would be fair; however, Comcast sent a letter in March saying they would only be wiling to pay half a percent.
‘I sent that commentary to the consultant in California,” Kolb said. ‘He responded that he thought that was not right, based on telephone survey, written survey, a focus group and his evaluations of the systems both in the possession of the township and at the public schools.?
She noted, based on the language in the Uniform Franchise Act in state law, it’s up to the township to set the PEG fee, not Comcast.
Treasurer Curt Carson asked if fees are set by the township, ‘what allows Comcast to come back and tell us ‘no, we’ll do something different???
‘That’s the position and argument we now have to make to them,? Kolb responded.
‘There really is no legal authority for them to say that. The act is clear that the fee is established through the community needs assessment by the local franchising authority, which is the township,? she said. ‘There is nothing that says that Comcast can debate that (amount) or can submit an alternate proposal.?
Clerk Shelagh VanderVeen supported moving forward and contacting Comcast again.
‘I think we went over and above everything that is required of us and I think it was a thorough report, based on the law that you presented. There is no reason why we shouldn’t be able to pursue that two percent, none whatsoever,? she said. ‘I think we should send the letter and get this rolling again.?
Trustee David Lohmeier agreed.
“At $160,000 a year, this is worth taking to the next step,? he said.
PEG fee funds are used to support public access programming. Supervisor Dave Wagner said the $160,000 in revenue could help pay for another full-time person at the Clarkston Public Access Center, as well as tape special meetings, and planning commission and Zoning Board of Appeals meetings for broadcast.
The board voted unanimously to authorize attorneys to file a complaint with the Michigan Public Service Commission if they are not able to reach a ‘favorable conclusion? with Comcast.
‘Everyone else gets two percent,? Wagner said. ‘Why should we be different than anyone else??