A cable company that will provide cable lines along Route 1 in West Windsor to serve corporate and educational institutions received approval from the Township Council on June 20, but not before council tried to get some money out of the deal.
Lightower Fiber Networks, which is authorized through the New Jersey Board of Public Utilities to provide intrastate telecommunications services, requested permission to occupy public rights-of-way within the township for a 50-year period to construct, install, operate, repair, and maintain its system.
The Massachusetts-based company competes with other cable providers, including Verizon and Comcast, and was asking permission to lay its “dark” fiber lines in town so it has the ability to provide service to commercial enterprises along Route 1, said Charles Jackson of Lightower, who appeared before the council on June 20.
“Anything that improves competition is good,” said Councilman Charles Morgan. But given the nature of the 50-year lease, he questioned whether council could charge Lightower to generate revenue for the township.
Responded Jackson: “We are considered a utility. If you levee charges on them [competitors], you can with us.”
While council debated whether the federal Telecommunications Act of 1996 permitted towns to charge, Morgan suggested including language in the permission that allowed the township to charge in the future, if the practice were allowed and the township began charging other entities.
Council members also debated whether they could renegotiate contracts with other cable companies to include a charge. Township Attorney Michael Herbert, however, said doing so may be a violation of the regulations set by the Board of Public Utilities.
Morgan suggested the council approve the lease, including a revenue share agreement that goes into effect at some time in the future, if negotiations were worked out with the other companies, too.
While Jackson pointed out that no other town in the state has included a price tag for the permission, Morgan said “at some point, you have to deal with these kinds” of new ideas.
Councilwoman Linda Geevers also said she felt the township should look at new ways of generating revenue. “If the BPU allows it, then we should consider it,” she said.
Morgan argued that it may be an area that has not been examined. “We just may get the law changed,” he said. “You’ve got to start somewhere.”
Jackson told the council that Lightower was not planning to come into residential areas within the township and that its main clients were banks, schools, and universities.
He did admit that if the township imposed a charge, the company was likely to pay it. “We would do anything we can to get our cable” in town, he said.
However, “if we feel it’s unfair and illegal, we’ll take you to court,” he added. “There is not a town in New Jersey that does that.” And if fees were imposed on competitors, those companies would most likely file a lawsuit, Jackson said.
Councilwoman Diane Ciccone, however, said “the federal law is not going to allow us to do that.” Herbert agreed.
The council is considering bringing the issue to the BPU and state League of Municipalities. In the meantime, the request was approved 3-0, with Morgan abstaining.
