1 1 2 3 4 OLD FORGE BOROUGH COUNCIL OLD FORGE, PENNSYLVANIA 5 IN RE: PUBLIC MEETING 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 FEBRUARY 6, 2024 7:00 P.M. OLD FORGE MUNICIPAL BUILDING 314 SOUTH MAIN STREET OLD FORGE, PENNSYLVANIA COUNCIL MEMBERS: RUSSELL RINALDI, PRESIDENT JAMES HOOVER 22 ANDREW BUTLER MICHAEL KOMENSKI 23 JENNA JONES-SHOTWELL WILLIAM RINALDI, ESQUIRE, SOLICITOR 24 25 Mark Wozniak Official Court Reporter 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The Pledge of Allegiance was recited.) MR. RUSSELL RINALDI: Good evening, everyone. I'd like to call the public hearing to order. At this time the chair is going to entertain a motion to open up the public hearing. MR. KOMENSKI: I'17 make that motion. MR. RUSSELL RINALDI: By Councilman Komenski. A17 in favor? (Unanimous.) MR. RUSSELL RINALDI: Roll call, please, Marylynn. MS. BARTOLETTI: Councilwoman Shotwel1? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensk1? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari is absent. Councilman Butler? MR. BUTLER: Yes. MS. BARTOLETTI: Councilwoman Avvisato is absent. Councilman Hoover? 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. Once again, good evening, ladies and gentlemen. Welcome to the 01d Forge public hearing. Tonight is Tuesday, February 6, 2024. The purpose of the public hearing is to hear a request from a cable franchise company called Astound. I'm going to read you a section of passage sO you have a little bit of understanding of what the public hearing is about. After the passage, anyone from the public, if you have any questions for us about the new company you'11 be able to ask. "A public hearing of the 01d Forge Borough with regards to a cable franchise request with RCN Telecom Services of Lehigh, LLC, Astound, which is being held pursuant to section 626 of the Federal Cable Act which sets forth the process for cable franchise renewal. Astound is requesting a cable franchise agreement with the 01d Forge Borough. The public hearing is to inform the public. As such, we invite comments from 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 citizens who would speak regarding either or both of these subjects." If there are any Astound representatives in attendance, which there are not, we'1l introduce them to say they're available to answer any questions. If you guys have any questions we'11 answer it or our solicitor will answer it for you. "These benefits include, but are not limited to the following: State of the art cable systems, strong customer service standards, service to community facilities, better reporting from cable operators, privacy of personal information under federal law, franchise fees for the use of public right-of-ways, franchise fee accountability, legal protections of the right-of-way, educational and governmental channels, and better mechanisms to enforce the franchise agreement. These are just some of the potential benefits available through the agreement." At this time if anyone from the public has any questions for us about the new cable company or for us to listen to 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we'11 take them. Bill, before we go down the table for a motion : ATTY. RINALDI: This is a public hearing. MR. RUSSELL RINALDI: Before we go down the table -- I know we'11 adjourn the public hearing first. Is there anything else we would need from Astound? We have their agreement. I know there's no representatives from them here. ATTY. RINALDI: They initially came and they presented us : the idea is their rates : it's going to create competition with Comcast, sO hopefully even the Comcast rates will come down because Astound is offering it at a lower rate. We had our law firm that reviews our cable contract every five years -- I think it's up in two years : review it to make sure it was consistent with what we have with Comcast in terms of service and reporting and quality of work when they do the work, the ability to communicate with council, and that we get certain items from them like a station for 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the borough, web service, things like that. Financially they don't pay as much as Comcast because they're not as big of a company, but they do give us an initial fee to sign up. So with that being said, after back and forth between Astound and the borough's attorneys we came to an agreement, and we got everything that the borough wanted that benefits the borough and the citizens of the borough, more importantly, and protects the borough sO that we can make sure the residents are getting charged a reasonable amount. We're getting the franchise fee, they're protecting us for using our right-of-ways after we give them permission, and I think that's pretty much all involved. MS. NASE: Miranda Nase. How long is the agreement for? ATTY. RINALDI: It is for ten years, which is the same as Comcast because they're wiring the whole borough. MS. NASE: Comcast is up in two years? ATTY. RINALDI: Comcast, I believe, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is up in two years, 2025. The borough is part of : it's called the Abington COG, Council of Governments, and it's us, Waverly, Clarks Summit, Clarks Green, Newton Ransom. So that's a group negotiation for everybody and they split the legal fees, whereas Astound doesn't operate in those areas. So we had to rely on our own council, which is the same council that does the COG. So that will be coming up, it's two years. So the same thing. A public hearing, negotiation to make sure the borough gets everything protected. And it's all in accordance with federal law, FCC laws, for the most part, the requirements that they have to follow. MR. RUSSELL RINALDI: Any other questions? Bill, anything else for us? ATTY. RINALDI: No, that's it. MR. RUSSELL RINALDI: Anyone at the table have any questions? At this time the chair is going to entertain a motion to close the public hearing. MS. SHOTWELL: I'17 make that 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 motion. MR. RUSSELL RINALDI: Motion by Councilwoman vones-Shotwell. A1l in favor? (Unanimous. Hearing adjourned.) 9 1 2 3 4 5 CERTIFICATE I hereby certify that I attended the foregoing proceeding, took stenographic notes of the same, that 6 the foregoing, consisting of 8 pages, is a true and correct copy, done to the best of my ability, of same 7 8 and the whole thereof. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M Mark Wozniak Official Court Reporter