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ImOn Communications Regarding Application for the Proposed Expansion of Service AreaCity of Dubuque City Council Meeting Consent Items # 17. Copyrighted November 1, 2021 ITEM TITLE: ImOn Communications Regarding Application for the Proposed Expansion of Service Area SUMMARY: City Manager transmitting a courtesy copy of the Application for the Proposed Expansion of Service Area filed with the State of Iowa by I mOn Communications. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: /_1if_Td:I�,I=1kih�'5 Description Type I mOn Communications Application for the Proposed City Manager Memo Expansion of Service Area-MVM Memo Staff Memo Staff Memo ImOn Communications Application for the Proposed Supporting Documentation Expansion of Service Area THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi � pp aoo�•o 13 Z017*20*2Q19 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: ImOn Communications Regarding Application for the Proposed Expansion of Service Area DATE: October 27, 2021 City Attorney Crenna Brumwell is transmitting a courtesy copy of the Application for the Proposed Expansion of Service Area filed with the State of Iowa by ImOn Communications. Pursuant to law changes at the state level, cable operators no longer have to seek permission from a city to provide service within the city limits. They are now able to obtain a certificate of franchise authority from Iowa Utilities Board (IUB). v Mic ael C. Van Milligen MCVM:jh Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager THE CITY OF DU-- B E Masterpiece on the Mississippi CRENNA M. BRUMWELL, EsQ. CITY ATTORNEY To: MICHAEL C. VAN MILLIGEN, CITY MANAGER DATE: OCTOBER 27, 2021 Dubuque AII•Amldea Ciq ViiliNJ�LiAN II - 1 I �®I 1 I I 2007-2012.2013 2017*2019 RE: ImOn Communications regarding Application for the Proposed Expansion of Service Area The City received a courtesy copy of the Application for the Proposed Expansion of Service Area filed with the state of Iowa by ImOn Communications. Pursuant to law changes at the state level, cable operators no longer have to seek permission from a city to provide service within the city limits. They are now able to obtain a certificate of franchise authority from Iowa Utilities Board (IUB). ImOn has such a certificate to provide cable and video service in other cities. They can continue to add new locations to the state -issued certificate of franchise authority. They are required to provide the new city with notice pursuant to Iowa Code sec. 477A.2(4). The City of Dubuque does not need to, nor can it do anything regarding ImOn's application with the IUB to add the City of Dubuque in its service area. Once they commence providing cable or video service, the City of Dubuque will be entitled to receive a franchise fee based on such services. cc: Barry Lindahl, Senior Counsel Chris Kohlmann, Information Services Manager Randy Gehl, Public Information Officer OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org NOURTER October 8, 2021 LAW, PLLC City of Dubuque City Manager 50 W. 13th Street Dubuque, Iowa 52001 Sent Via Certified Mail Re: ImOn Communications, LLC Application for the Proposed Expansion of Service Area Dear City Manager: Transmitted with this certified letter is a copy of the Application for the Proposed Expansion of Service Area (the "Application") filed on behalf of ImOn Communications, LLC, an Iowa limited liability company (the "Company"). The Application seeks approval for the Company to expand its cable television services into the City of Dubuque as described in the Application. Please accept this letter as the required notice provided to the municipality in this new service exchange demonstrating the Company's compliance with the applicable requirements of Iowa Code Chapter 476 and 199 IAC Chapter 44.4(1). If you have any questions regarding this filing, please contact me to further discuss. Sincerely, illiam H. Courter Attorney for ImOn Communications, LLC Courter Law, PLLC 3100 Oakland Road, N.E., Suite A Cedar Rapids, Iowa 52402 (319) 365-0288 (0) Email: Bill(a),COurterLaw.com cc: Jake Ryan, ImOn CFO Attachments 3100 OAKLAND ROAD, N.E., SUITE A, CEDAR RAPIDS, IA 52402 (319) 365-0288 (W) E-MAIL: BILL@COURTERLAW.COM BEFORE THE STATE OF IOWA DEPARTMENT OF COMMERCE IOWA UTILITIES BOARD In the matter of IMON COMMUNICATIONS, LLC APPLICATION FOR THE PROPOSED EXPANSION OF SERVICE AREA DOCKET NUMBER: VCA-2013-0010 ImOn Communications, LLC, an Iowa limited liability company ("Applicant") respectfully seeks approval from the Iowa Utilities Board (the "Board") to expand the Applicant's existing certificate of franchise authority, VC-0023, and in support of its Application states the following: Existing Cable Television and Video Service Area. Applicant is a holder of a Certificate of Public Convenience and Necessity ("CPCN"), authorizing Applicant to provide local exchange telephone service in the State of Iowa. Applicant is in good -standing with the Board and currently provides cable television and video services in Cedar Rapids, Marion, and Hiawatha. ImOn provides cable and video service in Hiawatha and the unincorporated area of Linn County located in the Marion Township pursuant to its Certificate of Franchise Authority VC-0023. 2. Proposed Expanded Cable Service Area. Applicant seeks approval to revise VC- 0023 and expand its cable and video services into the municipalities of Dubuque, Iowa City, Coralville and University Heights, Iowa. See Maps of Expanded Service Area for each Municipality attached. The Applicant intends to commence such expanded services as soon as thirty days after the date of the Application. Service Area Revision Form. Attached is the Service Area Revision form required by the Iowa Utilities Board that contains additional requested information. 4. Notice to Incumbent Provider and the Municipalities. Copies of Applicant's notice to the incumbent cable provider Mediacom and the four municipalities are attached hereto. Such notices will be sent by certified mail and include a copy of this filing and that Applicant is eligible to commence providing services as soon as thirty (30) days after the date of the Application. ATTESTATION I, Jake Ryan, certify that I am an authorized representative of the Applicant responsible for this filing, that I have examined the Application, and that to the best of my knowledge, information and belief, all statements of fact contained herein and therein are correct statements of the business and affairs of Applicant with respect to each and every matter set forth. Jake Ryan Digitally signed by Jake a 0 2021.10.08 13:45 35an Dated: 10/07/2021 Name: Jake Ryan Title: Chief Financial Officer (W) (319) 261-4643 Email: Jake.Ryan@imon.net PA WY 3 old Hrghway Rd 20 N T �`6 5R' JS�� St N v 7 mPlebmmann.—R�d Cord Y14 ,,,I / I /32nd St 3'Y' 4ia 4 O �o J a � m aa� ®`but,ue s . 0. few Ave Rd LEGEND ImOn Communications, LLC City of Dubuque 101 3rd Av SW, Ste. 400 PAGE 1 N City Limits Cedar Rapids, IA 52404"Ntr� w E � � date: October 8th, 2021 Proprietor v and Coq idenfial + author: J Lockhart Subject to Chorige Without Notice Melrose Ave 1SW z O s c W w z Rd f.parl( o m 0 o` y 0 it E Burlington St ig Ave 10ty, Clty Rochester We �j m Amerlean N Hoover Hwy[ LEGEND ImOn Communications, LLC Iowa City City Limits 101 3rd Av SW, Ste. 400 PAGE 1 N Cedar Rapids, IA 52404 �yy�it date: October 8th, 2021 w+E Proprietary and Coq idential n., author: J Lockhart s Subject to Change Without Notice Form must be filed electronically IOWA UTILITIES BOARD NOTICE OF RENEWAL, SERVICE AREA REVISION, TRANSFER, OR TERMINATION OF CERTIFICATE OF FRANCHISE AUTHORITY PURSUANT TO 199 IAC 44 Type of Modification (Check one): C Renewal Transfer Certificate Number: VC-0023 Name of Applicant: ImOn Communications, LLC d/b/a: Service Area Revision Termination Address of Applicant's Principal Place of Business: 101 31d Avenue, SW, Suite 400, City: Cedar Rapids State: Iowa Zip: 52404 Contact information for person responsible for this notice: Name: Jake Ryan Address: 101 3m Avenue, SW, Suite 400 E-mail address: Jake.Ryan@imon.net Phone: 319-261-4643 For Service Area Revision: Effective Date of Revision: October 7, 2021 Describe the modified service area and municipalities to be served by Applicant, including unincorporated areas, in a manner complying with 199 IAC 44.3(3)"d." Multiple service areas may be described. Applicants certified by the Board as local exchange carriers pursuant to Iowa Code Section 476.29 may choose to refer to descriptions (including maps) of service areas on file with the Board. Description(s) may be submitted as an attachment if more space is needed. Municipalities of Dubuque, Iowa City, Coralville and University Heights. For Transfer: Name of Successor: Address of Successor's Principal Place of Business: City: State: d/b/a/: Zip: Names and titles of Successor's principal executive officers with direct authority over cable and/or video operations: Successor's Customer Service Contact Information: Name: Address: Phone: If service area and municipalities to be served by Successor, including unincorporated areas, differ from the current certificate holder, describe here in a manner complying with 199 IAC 44.3(3)"d." Multiple service areas may be described. Description(s) may be submitted as an attachment if more space is needed. Effective date of transfer, if later than 14 business days after date notice is filed: For Termination (includes instances where a certificate holder ceases the operation or construction of a service network): Effective date of Termination: Revised August 2018 Form must be filed electronically For Renewal: Expiration Date of Current Certificate: Type of service provided under the existing certificate: Cable Video Cable and Video Names -and-titles-of- Applicant' s-principal-executive-officers with -direct authority over cable -and/or video operations: Customer Service Contact Information: Name: Address: Phone: By checking the box, Applicant acknowledges that it is the current authorized holder of the certificate and that it continues to hold the certificate. EgBy checking the box, Applicant states that it continues to provide cable and/or video operations in all or a portion of its approved service territory. List the service areas and municipalities currently served by Applicant, including unincorporated areas, in a manner complying with 199 IAC 44.3(3)"d." The list of areas being served may be submitted as an attachment if more space is needed. Municiaplities of Cedar Rapids, Marion, Hiawatha and unincorporated area of Linn County located in the Marion Township. List the service area and municipalities where Applicant is authorized to provide service but never commenced service or where such service has ceased. The list should include unincorporated areas and be provided in a manner complying with 199 IAC 44.3(3)"d." The list may be submitted as an attachment if more space is needed. None. Revised August 2018