2018-2312018-231
Resolution Authorizing The Town Of Wappinger To Renew A Cable Franchise Agreement
With Cablevision Of Wappingers Falls, Inc., To Operate A Cable System In The Town Of
Wappinger
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
9, 2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2018-231
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Voter
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, the Town of Wappinger (the "Town") is a "franchising authority" in accordance
with Title VI of the Communications Act of 1934, (the "Communications Act"), and is
authorized to grant one or more nonexclusive cable television franchises pursuant to Article 11
of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60
through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New
York, as amended (collectively the "Cable Laws");
WHEREAS, the Town, executed a franchise agreement with Cablevision of Wappingers Falls,
Inc. (the "Franchisee") on April 30, 2007, which was thereafter confirmed and made effective by
the New York State Public Service Commission ("Commission") on October 22, 2007 for a term
of ten (10) years (Case No. 03-V-1133), and
WHEREAS, said franchise agreement expired on October 22, 2017; and
WHEREAS, Franchisee has submitted a proposed franchise renewal agreement (the "Franchise
Renewal Agreement") to continue operating its system within the Town; and
WHEREAS, The Town and Franchisee have mutually agreed to the terms of said Franchise
Renewal Agreement; and
WHEREAS, the Town has determined that the Franchisee is and has been in substantial
compliance with all terms/provisions of its existing franchises and applicable law; and
WHEREAS, on October 9, 2018 at a regularly scheduled Town Board meeting, the Town held a
public hearing on the Cablevision Application and the Franchise Agreement at which
Cablevision made a presentation to the Town Board in favor of the Franchise Agreement, and
members of the Town Board and the public were given notice and opportunity to comment on
the presentation and ask questions; and
WHEREAS, the Town Board has identified the cable related needs and interests of the
residents of the Town of Wappinger and has exercised due diligence in considering the technical
ability, financial conditions, character and legal qualifications of Verizon to meet such needs and
interests.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board finds that Cablevision of Wappingers Falls, Inc. is legally (pursuant to
NY Public Service Commission Rules and other statutory requirements), technically,
financially and otherwise qualified to meet the cable -related needs and interests of the
Town of Wappinger and that the Franchisee will meet all statutory and regulatory non-
discrimination requirements.
2. The Town Board finds that the cable service offered by the Franchisee will include
competitive offerings with its existing competition.
3. The Town Board determines that it serves the public interest to award Cablevision of
Wappingers Falls, Inc. a franchise to own, construct, operate and maintain a cable system
along the public rights-of-way within the Town in order to provide cable service.
4. The Town Board authorizes the award of a non-exclusive franchise to the Franchisee to
own, construct, operate and maintain a cable system along the public rights-of-way
within the Town, in order to provide cable service, which authorization is made in
accordance with the applicable provisions of Title VI of the Communications Act and the
Cable Laws.
The Town Board of the Town of Wappinger hereby authorizes the Supervisor to execute the
annexed Franchise Agreement and to execute any other documents necessary to effectuate the
granting of the franchise to Cablevision of Wappingers Falls, Inc. on behalf of the Town of
Wappinger.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
10/9/2018
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK