Attorney Kristin Kolb of Secrest Wardle takes issue with the Clarkston News story “$600,000 oversight,” Oct. 21, saying it is “missing a lot of important facts.?
Kolb said the township did not miss out on $300,000 in Franchise Fees, as Comcast never stopped paying them.
‘They have always paid franchise fees,? she said.
Township Treasurer Curt Carson’s office provided documentation showing franchise fees of five percent paid to the township from 2007 until now.
Comcast argued against paying the franchise fees, saying the township missed its deadline in filing the necessary documents.
Despite documents to the contrary, Kolb said they never missed any deadlines in submitting documents.
‘That’s a position that Comcast is taking in this dispute that we are having,? she said. ‘If you look at what was actually done, you would see everything was submitted timely.?
Kolb declined to provide supporting documents, citing work-product protections.
When Clerk Shelagh VanderVeen was asked if they had a copy of a filled out contract, she said she didn’t know and would have to check the file.
‘I don’t know when I would be able to get around to it,? she said on Monday. ‘I’m quite busy trying to get caught up with all my minutes here. I don’t know if I’d be able to pull up whatever it is you’re looking for.?
Kolb also said the township is not missing out on $350,000 in PEG (Public, Education, Government) fees because it has never received them in the first place.
‘Your article suggests that something was missed and we should have been receiving them for the past couple of years, which is not true,? she said.
Other communities receive two-percent PEG fees under their old franchise agreements, she said.
‘Under the Michigan statute they (the township) can only get them once they have performed a Communities Needs Assessment, which is what the township did last year,? she said.
However, Springfield Township Treasurer Jamie Dubre said ‘that’s not true” because they received PEG fees under their old contract and Comcast sent back their new contract, asking them to fill in the PEG fee section.
Section VIII of the agreement, PEG Fees, A3 allows a Franchising Entity to determine a percentage of gross revenues as determined by a community needs assessment.
Dubre said there is no definition in the cable statute for a community needs assessment and the board can determine what that means.
‘That’s what was directly determined by our attorney,? she said. ‘The Township Board, based on its knowledge and assessment of the community needs and possible uses for PEG fees has determined an appropriate percentage to include in the agreement.??
The board’s determination was accepted, Dubre said.
‘We submitted the contract, we submitted those recitals and we’ve always gotten our two percent.?
Supervisor Mike Kowall of White Lake Township said they didn’t do a community needs assessment. They just filled out the form and got two percent.
Diane Griffiths, executive director of Orion’s Neighborhood Television (ONTV) said they receive one percent PEG fees from Comcast, even though they never did a community needs assessment to justify that amount.