The ongoing issue of cable contracts with the existing franchise, Cablevision, and with Verizon, the company also seeking a franchise, has proved problematic. The North Shore Cable Commission, representing the nine Great Neck Villages (but not the unincorporated areas within town jurisdiction) and six other North Shore villages, updated the Great Neck Village Officials Association at the Nov. 29 meeting. Commission Chair Alice Fishman and PATV Executive Director Shirley Bruno answered questions, as Tom Levin, the commission's attorney, explained the issues and presented an update of the negotiation impasse.

Mr. Levin began his presentation stating that the negotiation efforts are "not good enough." The commission is not permitted by law to turn down a franchise request, but is permitted to negotiate terms (such as a recording studio, offices, training, and such). Negotiations to renew the Cablevision contract have gone on for years, as have the talks with Verizon for a new franchise. Mr. Levin noted that, as talks continue, one company has no knowledge of what the other franchise wants.

Mr. Levin also told how other areas do not have the contract problems that appear here, as almost every other municipality generally accepts a boiler-plate contract. It was not until Great Neck came along years ago that issues were broached. The Village of Great Neck reached out to the other eight Great Neck villages and to other North Shore villages in1979, formed a consortium and were the first to look more carefully at the proffered cable contract.

At first, the answer was "no" to all requests, stating that they were "the only game in town." Five cable companies had bid for a franchise and at first Cox Cable won, but eventually sold to Cablevision. Out of the negotiations came some benefits and services not found elsewhere, such as the many public access channels dedicated to the villages, to the school district, and to the park district and the library. Mr. Levin reported that these channels have, today, proved a "sticking point" in negotiations.

(The Town of North Hempstead and its unincorporated areas did not negotiate with the consortium, and as a result they have a very different contract, which excludes many of the public access channels enjoyed by the villages.)

Today, as the consortium attempts to renegotiate the franchise contract, the aim is to get improved equipment. Though the contract expired in 2001, the existing contract is permitted to remain in service until a new one is signed. But since a new contract has yet to be signed, and Verizon now too wants its own franchise, Cablevision is not willing to spend money. "The impasse is over how much they are willing to give to sweeten the pot," Mr. Levin said.

As Verizon makes its case for a franchise, they do have the benefit of having wires already in place, since they already offer phone service in this area.

And while federal law mandates that a franchise must be given, they do allow negotiations, as long as each has a level playing field.

So the impasse --- Cablevision does not want to give more, as they are unsure if they will lose customers to Verizon, and Verizon is equally unwilling, since they do not know if Cablevision customers will switch to Verizon. Cablevision is playing a waiting game, according to Mr. Levin --- waiting to see what Verizon is willing to give. Verizon had been willing to spend certain dollars, but now appears to be backing down.

Yet another problem lies in the fact that Cablevision has already supplied studios, offices, equipment, training and personnel, while the same could be expected by Verizon; however the villages do not want Verizon to duplicate all this and force the consortium to have to staff two separate facilities. In addition, if only one company, Cablevision, had the studio, how would that programming get out into the Verizon system as well. Going one step further, there is the issue of how everyone in a village would be able to get the same programming, with two cable companies providing services.

And there is the issue of wanting to ensure that the villages do not receive less revenue in the end.

Mr. Levin said that he had hoped for a public hearing regarding the Verizon package, but no such package has been presented. Although they had been led to believe that Verizon was offering certain features, once the Verizon business people reviewed the package, it was a whole new story.

"If one makes a deal, the other will too," Mr. Levin explained. The first one to make a deal, though, he added "will be the one to make the level playing field."

Mr. Levin then went on to discuss federal legislation that, if approved by Congress, would take away franchise negotiations from the villages. He said that although this particular legislation looks "dead" right now, there are other efforts under way, some pending before the FCC.

During the question and answer period officials broached the issue of the unincorporated areas of the town not having access to all of the public access channels. Mr. Levin spoke of problems such as technical problems, as the town has a completely different franchise and different wiring going out to the communities. It was suggested that the town be offered an opportunity to work together to somehow solve this issue, allowing all residents of the community to have the same cable public access programming.

Efforts will be made to involve the town, as negotiations continue.