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:
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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
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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
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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
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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
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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