News & Events
An Open Letter to the PSC from Supervisor Christopher P. St. Lawrence Requesting A Formal Finding With Regards to Cablevision's Actions.
Ms. Jaclyn A. Brilling
Secretary
New York State Public Service Commission
Three Empire State Plaza
Albany, New York 12223-1350
Dear Secretary Brilling
:
Thank you for your letter of January 21, 2010 regarding the NYS Public Service Commission Staff’s review of my formal complaint (January 7, 2010) concerning the elimination of HGTV and the Food Network channels from Cablevision’s Ramapo system (January 1, 2010). Please be advised that on behalf of the Ramapo Town Board and the thousands of Cablevision subscribers in Ramapo, I respectfully request that the Public Service Commission issue a formal finding on this matter.
In particular, I take exception to the following determination by the Public Service Commission Staff: “It is the Staffs’ understanding that the network change here is not within the control of Cablevision. The change, according to Cablevision, was implemented by Scripps Networks, the owners of the Food Network and HGTV.” The Public Service Commission Staff’s investigation focused solely on procuring Cablevision’s side of the story, until I requested that representatives from the Scripps Network be contacted, and phone numbers to Scripps were provided by my office to PSC Staffers. I found this modus operandi lacking in due process for cable subscribers.
Subsequently, I procured “the other side of the story” in a correspondence dated November 25, 2009, which was sent by Scripps Network to Cablevision. Clearly, this document indicates that the cessation of Food Network and HGTV programming would be imminent if no agreement between the parties could be reached. Perhaps even more significantly, Cablevision was advised of its notification obligations to its subscribers in said correspondence (see attached). Given this notification to Cablevision by Scripps, to assert that Cablevision had “no control” of the situation is grounded in assumption, and not fact.
Additionally, in a letter dated January 12, 2010 sent to the Public Service Commission Staff by Cablevision representative Paul Jameson, Mr. Jameson alludes to “Cablevision’s reluctance to accede to Scripps contract demands”, and “Cablevision’s outstanding offer to continue to pay Scripps for temporary carriage of the networks”. Two questions come to mind when reading these allegations –
1) Does Cablevision have written proof detailing its “outstanding offer” to continue paying Scripps for temporary carriage charges?
2) Does Cablevision’s “reluctance to reach a contract agreement” pre-empt its obligation to notify subscribers as per Part 890 of the Public Service Law 224A.
The 5,621 cable subscribers in the unincorporated portion of the Town of Ramapo generate $1.4 million dollars of revenue quarterly for Cablevision. They are required to pre-pay for their service and receive the Food Network and HGTV on tiers ranging in price from $67.00 to $99.00. I once again implore the New York State Public Service Commission to protect the rights of these consumers, and mandate that Cablevision give a credit for services subscribers pre-paid for and did not receive.
If the Public Service Commission upholds the contention of the PSC Staff that Cablevision had absolutely “no control” over the carriage of the Food Network and HGTV, this will establish a precedent that when feuds between programmers and cable companies arise in the future, loss of pre-paid programming by cable subscribers will never be attributed to cable companies, and that customer protection is not within the purview of the Public Service Commission. Determinations such as this, increase the average citizen’s alienation toward government. Your attention to my request is greatly appreciated, I stand ready to testify in person before the New York State Public Service Commission on this matter.
The YES Network versus Cablevision, FOX versus Time Warner, and Scripps versus Cablevision, are an omen of things to come. Sans regulatory protection by the Public Service Commission, cable subscribers are left defenseless.
Sincerely,
Christopher P. St. Lawrence
Supervisor
cc: John Figliozzi
Chief Municipal Assistant – P.S.C.
