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FCC Tackles Cable Issue

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By LAURA KINSLER, The Tampa Tribune

Published: November 7, 2007

LIVE OAK PRESERVE - Residents unhappy with their cable TV service from Century Communications might finally have some good news.

The Federal Communications Commission voted Oct. 31 to prohibit cable companies from using exclusive contracts for television service in apartments, condos and other private developments.

The vote was unanimous, and Live Oak homeowners who protested last month against their builder and Century Communications saw it as a gift from heaven.

"I feel like this gives us hope," said Zuriel Cabrera, president of Live Oak's Weatherwood Village. Cabrera has made ending the 10-year contract with Century Communications a personal crusade.

Century is owned by the same family that founded Transeastern Homes, Live Oak's original developer. It has a contract with the community's master association - also controlled by the developer - to provide cable TV, Internet and home security monitoring services.

About half of all homeowners association dues - $1.6 million - go directly to Century Communications each year. Residents have complained that the Internet service was too slow and the cable TV service was antiquated. Century's high-definition programming is limited, it doesn't offer digital video recorders and it's not compatible with TiVo.

In addition, residents say they lose TV reception when the weather is rainy or cloudy. Cabrera has posted dozens of photos on the community's Web site documenting the service outages.

Engle Homes, formerly Transeastern, has sought legal help to try to get out of the contract. But Century's general manager, Bill McKissock, said the new FCC ruling won't give Engle the escape it's looking for.

Even though the ruling voids all existing contracts with exclusivity clauses, McKissock said Century is exempt.

"Private cable operators that do not cross the public right of way are exempt," he said. "It doesn't affect us in any way, shape or form."

Besides, he said, Century doesn't have an exclusive contract. Residents are free to contract with Verizon or subscribe to satellite services, and hundreds do.

Officials at the FCC disagree. Residents may be able to choose a different cable or Internet provider, but they still have the pay for the Century service.

"That's exactly who the rule is meant to protect," FCC spokeswoman Mary Diamond said.

While the latest rule may not apply to Live Oak, the FCC clearly is moving in that direction. The commission adopted a further notice of proposed rulemaking to seek additional public comment on whether to extend the ruling to satellite TV providers and private cable companies and whether to prohibit bulk billing arrangements such as the one Century has with the Live Oak Master Association.

The commission generally accepts public comment for several months before voting on rule changes.

Sheldon Cohen, president of Live Oak's Maplewood Village Association, said Century would be better off in the long run if it let Live Oak Preserve out of the contract.

"If they would say to everybody, 'Here, you have a choice,' I would bet that 40 percent would keep Century," Cohen said.

Reporter Laura Kinsler can be reached at (813) 865-4844 or lkinsler@tampatrib.com.

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