January 18, 2000
Tiffin council presses Time Warner for cable TV agreement
By Erik Burriss
Staff Writer
In an attempt to make progress on its stalled talks with Time Warner Inc., Tiffin officials are putting the city's cable franchise agreement negotiations on a more formal basis.
City Administrator Wayne Stephens sent a letter dated Monday via certified mail to Time Warner's Patrick M. McCauley, which announces the city's desire "to commence the formal franchise renewal process provided for by federal law."
Since mid-1998, Tiffin has been negotiating a new cable franchise -- first with MediaOne then, after the two companies swapped some territories, with Time Warner. The city has granted extensions of 90 and 180 days and two extensions of 120 days of the franchise agreement which expired Aug. 5, 1998. The last extension expired Dec. 27, 1999.
"We are working without a signed agreement," First Ward Councilman Dale Depew said, "but we're living under the terms of the old one."
The letter says Time Warner "has refused to make any concrete offer for a capital contribution" and "seems to be unwilling to reach reasonable accommodation on a number of issues."
Tiffin Director of Law Brent Howard said the federal Cable Act mandates a specific timetable for formal negotiations between local governments and cable providers.
Last week, the Utilities and Related Services Committee gave Stephens the go-ahead to send letter.
"It's a way to say the informal process isn't working the way we like," said Third Ward Councilman Todd Edmond, who leads the committee.
Time Warner has until Feb. 16 to respond to the letter with a proposal, Howard said. If the proposal is unacceptable, or if the cable company fails to respond, City Council can formally decline to continue with Time Warner.
"Hopefully it will all be worked out," Edmond said.
Howard said that, according to a Cleveland attorney representing the city in the negotiations, companies typically do not let let the situation degenerate that far because they have to much invested simply to have their agreements terminated.
Under the formal procedure, a maximum of four months is allowed for negotiations, Howard said. He is not sure if the period began Monday or starts when Time Warner makes its proposal.