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Sunday, November 22, 2009

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Cable TV bills mounting at City Hall

Time Warner claims officials owe $5,000

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Buffalo’s cable television franchise claims Common Council members owe thousands of dollars stretching back nearly a year for service in their City Hall offices.

Stunned lawmakers insist they never watch cable TV while at work. In fact, most don’t have televisions in their offices. Several lawmakers were even unaware their offices had cable hookups until bills from Time Warner started showing up.

Some lawmakers said they’re worried the mounting bills might affect their personal credit. The dispute has escalated to a point where city attorneys announced that they’re ready to mount a court battle.

South Council Member Michael P. Kearns said he was sure there was a mistake when invoices for cable service started arriving this spring. He has no television in his office, and had no clue there was a cable hookup. He asked city telecommunications officials to look into the matter.

Time Warner replied it was no mistake, insisting that new federal regulations require them to start charging elected officials for cable service provided in their public offices.

As it turns out, City Hall was hooked up for cable years ago as part of Buffalo’s franchise agreement with Adelphia, the now-extinct company that once provided service in the city.

Buffalo’s telecommunications director said Thursday that Time Warner is out of line for billing the Council. Thomas M. Tarapacki claimed the federal guidelines the company cites are advisory and would not trump a franchise agreement that requires cable hookups in many city-owned facilities. One rationale for the policy is that the cable lineup includes several channels that air a variety of government meetings, public events and educational shows.

The bills have been mounting with every passing month. City officials said Time Warner is now seeking more than $5,000 for cable hookups in nine Council offices.

“These are phony bills,” Kearns insisted.

Council President David A. Franczyk, who has received nearly $560 in cable bills for an office that doesn’t even have a television, wondered aloud if the debt could come back to haunt lawmakers in the form of personal liens or judgments.

“This is an outrage,” said Franczyk. “It’s certainly not good public relations.”

North Council Member Joseph Golombek Jr. said he has no television in his office and wouldn’t even know where to find a cable hookup.

“We’ve refused to pay these bills, and we’re not going to pay,” said Golombek.

Time Warner did not return a call seeking reaction.

The city’s top attorney said the matter is heading for a courtroom showdown.

“The Law Department will begin a declaratory judgment action requesting that the court enforce the existing franchise agreement,” said Corporation Counsel Alisa A. Lukasiewicz.

She said a review performed by city lawyers has concluded that Time Warner cannot charge for cable service in City Hall.

Legal arguments aside, some Council members said they’re upset that they continue to incur debts for service they never use. Council Majority Leader Richard A. Fontana said his office has a television — but it was probably last turned on seven years ago when terrorists attacked New York City and Washington.

“We haven’t watched the TV since 9/11,” he said.

bmeyer@buffnews.com


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