Comcast prefers the role of bully in response to city bill

Posted 1/19/17

by Jay A. McCalla Nobody likes a bully, and yet they persist. Schoolyard bullies, social media bullies, boardroom bullies, church bullies: They're everywhere and always have been because there is a …

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Comcast prefers the role of bully in response to city bill

Posted

by Jay A. McCalla

Nobody likes a bully, and yet they persist. Schoolyard bullies, social media bullies, boardroom bullies, church bullies: They're everywhere and always have been because there is a permanent dynamic to bullying. The strong and entitled target the weak and vulnerable. It’s an unerring, eternal formula.

Bullying isn't confined to the schoolyard and is not limited to sophomoric taunts. Eight years ago, we saw an emerging Tea Party bully politicians at town meetings. Mild mannered Bill Gates was judged guilty of using Microsoft's sheer size to unfairly shut out competitors. Employers threaten workers with job loss if they unionize.

Almost always, the bully seeks something to which they are not entitled.

It is with all this in mind that I consider Comcast's recent declaration that it “huff and puff and blow house down” if Mayor Jim Kenney signs into law a bill that prohibits employers from inquiring about salary history during a job interview. Not only has Comcast prepared a 25-page legal filing, their attorney ominously adds, “it is important to note a successful challenge could make the city liable for a substantial award of attorney’s fees.” There it is: the threat that bullies make.

A successful Comcast suit could very well destabilize city finances. Our pension fund is almost $6 billion underwater. We’re pilfering from the soda tax. We just agreed to pay $4.4 million to a victim of police abuse. Our cigarette tax is under-producing by $26 million. So, a threat to badly injure our already rickety finances must be taken seriously.

The bill in question had public hearings in which Comcast enjoyed an unfettered opportunity to testify, lobby and generally make its case. Instead, it chose to neither attend nor offer written testimony. Odd. Very odd.

In the end, City Council approved the bill by 16-0. Given its boycott of the public hearings and subsequent “huffing/puffing” concerning the results, Comcast may have all along planned to make a conspicuous display of its corpulent power – a “teachable moment” with Comcast doing the teaching.

The bill in question has merit and is intended to help close the income gap women suffer. As they customarily enter the workplace at a lower salary than men, to continually ask about a female applicant’s last salary is to perpetuate the initial injustice. We should be pleased  that 16 of 17 Council people are willing to address this problem.

Senior Executive Vice President of Comcast David L. Cohen does not actually object to the goals of the bill. How could he?

Cohen makes it clear, however, this bill is one too many.

“It’s an accumulation of activities by the city and a whole series of pieces of legislation that inject the government, or have the government intrude into common business practices that are just creating a reputation for Philadelphia as being anti-business,” Cohen said.

In other words, don't regulate us. If you dare try, we will “take you to the cleaners.”

Evidence their arrogance may succeed is that Kenney (perhaps, wisely) has suddenly become uncertain as to whether or not he will sign the bill into law. He called for the bill's sponsor, Councilperson-at-Large Bill Greenlee, to meet with Cohen and Rob Wonderling, of the Philadelphia Chamber of Commerce. He's asked the City Solicitor to review legal concerns.

This is the Dirty Harry moment where David L. Cohen (Clint Eastwood) aims his gun and asks his target if he “feels lucky.” The target (Mayor Kenney) is unsure. That's the “unerring, eternal formula” of being a bully.

When Comcast wanted a closer relationship with President Obama, it raised millions for him at Cohen’s home. When it wants something from Kenney, it threatens fiscal destruction. Bullies defer to greater power and abuse the lesser power. Classic stuff.

Despite his celebrated political acumen, Cohen seems to have picked the wrong fight. A Kenney veto will have no effect on a bill that passed 16-0. It’s veto-proof. If Kenney does nothing, it automatically becomes law on Jan. 26. It may be the Comcast position is a badly miscalculated power play by an entity accustomed to prevailing at all levels, all the time.

Miscalculation or not, a very powerful bully has raised its fists at Kenney demanding capitulation. Kenney has a political problem, but citizens have a crisis. A member of our community is using its extraordinary wealth and power to bully our officials into exempting them from regulation.

If Comcast prevails in court, of course, the city will have to pay extraordinary legal fees, but the very principle of local government regulation may be forever changed. For sure, this is one to watch.

Jay A. McCalla is a former deputy managing director and chief of staff for Philadelphia City Council. He does political commentary on WURD900AM and contributes to Philadelphia Magazine. He can be followed and reached on Twitter @jayamccalla1.

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