Through an act of personal diplomacy, U.S. Sen. Edward Markey, D-Mass., believes he has found a way to restore Massachusetts news to Spectrum cable TV subscribers in the Berkshires.
But rather than shake hands on it, the cable company has floated two solutions.
And so far, the signals are crossing with no sign of a solution, nearly two years after customers lost access to their own state's news, first from a Springfield TV station and then from one in Boston.
Markey secured a promise this fall from the corporate owner of WWLP Channel 22 in Springfield to make its news broadcasts available to Charter Communications at no charge to include in Spectrum offerings in the Berkshires.
That NBC affiliate was one of two channels removed from Spectrum's lineup starting in April 2017. The cable company cited the Springfield's station's duplication with programming that Spectrum is required to carry in the region, since Berkshire County is considered part of the Albany, N.Y., media market.
Though removal of Massachusetts stations is allowed under Federal Communications Commission rules, it spurred complaints from subscribers and a scramble by state and federal lawmakers to find answers.
This fall, Markey has had personal contact with the CEOs of both Nexstar Media Group, owner of Channel 22 for the last two years, and Charter Communications, his office says.
While the Nexstar executive agreed to provide the Springfield station's newscasts at no cost, that offer was rejected by Charter.
The news programming would have been slotted into a channel on the Spectrum system but would have been "dark" between newscasts.
According to Markey's office, Charter dismissed the offer on the grounds that viewers would have been confused.
Rather than restore just the Springfield station's newscasts, Charter would rather bring WWLP back as a full-time presence, according to Andrew Russell, a company spokesman.
But that proposal comes with a condition: The financial terms between Charter and WWLP would have to be rolled back to what existed before the station was acquired in January 2017 by Nexstar Media.
Russell declined to disclose the difference between what it cost Charter to carry the WWLP content before and after the station's purchase by Nexstar.
In a second proposal, Charter has offered to embed the WWLP newscast on its Spectrum News Channel, giving viewers the ability to select and receive the Massachusetts news programming.
"We're open to solutions that don't drive up costs or result in a negative viewing experience," Russell said. "We've made two exceedingly consumer-friendly proposals. We stand by both offers."
Lawmakers react
Charter's response to Markey's overture about providing access to WWLP newscasts drew rebukes from area lawmakers, but also a call for negotiations to continue.
"Charter simply doesn't understand this is fundamental to Berkshire residents, being a part of the state and events that impact them," said State Sen. Adam Hinds, D-Pittsfield. "It is hard to improve upon a deal that was no cost to them. If they want to have it settled on someone else's terms through legislation filed for next year, then so be it."
State Rep. William "Smitty" Pignatelli, D-Lenox, said that while he appreciates Markey's involvement, he wants access to more than the Springfield station's news coverage.
"We want Channel 22 back on," he said. "I think that's the goal that Sen. Markey heard from us. It needs to be on all day long, at not just the news."
Pignatelli said he appreciates Markey's efforts, but also indicated that Charter's proposal about finding new terms with WWLP deserves to be examined.
"Let's figure out what that cost differential is," he said. "Let's do what we can to get it one the air. I hope the door's not shut."
Two other state representatives called on Charter to come to terms for the good of their Berkshires customers.
State Rep. John Barrett III, D-North Adams, said Charter's unwillingness to compromise did not surprise him, but shutting down Markey's attempt at negotiation did.
"Now to insult a United States senator. That's just not wise politics on their part," Barrett said. "They simply do not care about providing their customers with the best service possible."
State Rep. Tricia Farley-Bouvier, D-Pittsfield, praised Markey for working with local lawmakers, saying those collaborations usually bring the best results. But not so far with the Charter issue.
"Spectrum does not care the least bit about us in the Berkshires," she said. "It's corporate greed and they don't care about their customers."
Farley-Bouvier noted that Charter Communications has in the past cited the expense of running programs from two media markets. "They're giving them a channel for free and they still won't play ball," she said of Markey's initiative. "They're lying."
Legislative effort
Though Markey's negotiations with Nexstar and Charter hit an impasse, a separate legislative solution remains a possibility.
This fall, the state's junior senator filed a bill in his chamber in Washington, D.C., that would roll back the clock on what's available on Berkshires cable boxes. That measure will be re-filed when the next Congress is seated in January.
In a statement provided to The Eagle, Markey said residents of the Berkshires want access to television programming that enables them to keep up with Massachusetts news "that affects them and their families."
"I will continue to work with anyone who is committed to finding a solution to this ongoing dispute, so that Berkshire viewers' access to Massachusetts programming is restored once and for all," Markey said.
The senator and his staff have discussed the issue with Perry A. Sook, Nexstar's president and CEO, several times. Markey himself spoke with Charter's CEO, Thomas M. Rutledge, in October.
The Springfield station is one of two Massachusetts broadcasters removed from Charter's schedule in the Berkshires. The other is an ABC affiliate from Boston, WCVB, Channel 5.
The Springfield programming was pulled in April 2017; the Boston content disappeared from screens in the Berkshires this year.
Along with his outreach to Charter, Markey has been in touch with owners of the Boston station, according to the senator's office.
Members of the region's Statehouse delegation have also pushed to restore Massachusetts programming.
On Sept. 14, area lawmakers wrote to Mark E. Brown, Charter's vice president of governmental affairs in Massachusetts, asking the company to restore service.
"Regardless of media market placement, company profit, or recent decisions made, the right thing to do in the name of customer satisfaction and community engagement is to restore access to in-state news and programming for your 55,000+ cable subscribers in the Berkshires," the letter said.
It was signed by Hinds and all four members of the Berkshires delegation to the House: Farley-Bouvier, Barrett, Pignatelli and Paul W. Mark of Peru.
Larry Parnass can be reached at lparnass@berkshireeagle.com, at @larryparnass on Twitter and 413-496-6214.