Selectmen Notify Comcast Of Breach Of Contract

by William F. Galvin

            HARWICH – The board of selectmen voted Monday night to notify Comcast Cable Communications, Inc., the company holding the town’s cable franchise agreement, of a breach of contract for not meeting its commitment to provide the capability for originating live broadcasts from several municipal locations.

            The notification comes at a time when the town is in its last year of the 10-year agreement with Comcast and in the midst of drafting provisions for a new contract with the company.

            Assistant Town Administrator Nan Balmer said the present agreement states Comcast must provide the town with the capability to originate live programs from Harwich Town Hall, Harwich High School, Harwich Middle School and Cape Cod Regional Technical High School, as well as two additional locations  as designated by the town. Presently, she said live broadcasts can only originate from  the community center and the middle school

            Balmer said the town has received no response from two letters sent to Comcast

earlier this year asking the cable company to fulfill that provision of the contract. Those letters were sent on Aug. 18 and Dec. 15.            

            Working with the town’s special counsel on cable matters, Peter Epstein, the town has drafted two letters to Kevin Casey, president of the north central division of the company in Manchester N.H., citing non-compliance with contract provisions.

            A second letter also sent to Casey asks Comcast to provide an irrevocable documented letter of credit in the amount of $10,000 as is provided for in another provision of the contract to enable the town, if it chooses, to make provisions to broadcast live from any of the additional locations.

            Balmer said letters were sent Mary O’Keefe of the government and community relations division of Comcast and she was going to get back to the town, but that never happened.

            Selectman Larry Cole said the contract is 10 years old and asked why at this point the town was just pursuing it. Balmer said the issue arose as the town began the technical upgrade of the system in the town hall hearing room.

            Selectman David Marsland made a motion for selectmen to approve the letters and send them to Comcast by certified mail. The board approved of the action.

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4/16/09