City of Dubuque Code of Ordinances Title 11 Rights-of-Way, Chapter 3 Cable TelevisionCity of Dubuque
City Council Meeting
Action Items # 5.
Copyrighted
January 18, 2022
ITEM TITLE: City of Dubuque Code of Ordinances Title 11 Rights -of -Way, Chapter
Cable Television
SUMMARY: City Manager recommending City Council adoption of ordinances
repealing Title 11, Chapter 3, Articles A, D and E and adopting a new
Article A providing for a franchise fee for cable and video services.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
ORDINANCE Repealing City of Dubuque Code of Ordinances Title 11
Rights-Ofway, Chapter 3 Cable Television, Article A. Cable Franchise
Agreement, article D. Rates and General Regulations, and Article E.
Cable Service Customer Service Standards
ORDINANCE Amending City of Dubuque Code of Ordinances Title 11,
Rightsof-Way, Chapter 3, Cable Television, by enacting new Section 11-
3A-1, Franchise Fees for Cable and/or Video Services, new Section 11-
3A-2, Franchise Fees Reaffirmed, and new Section 11- 3A-3, Public,
Educational and Governmental Channel Capacity and Transmission
Suggested Disposition: Receive and File; Motion B; Motion A
Cable Television Code of Ordinances-MVM Memo
Memo
Ordinance Article A, D, and E
Ordinance New Section 11-3A-1, 11-3A-2, 11-3A-3
Type
City Manager Memo
City Manager Memo
Ordinance
Ordinance
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances Title 11 Rights -of -Way, Chapter 3
Cable Television
DATE: January 12, 2022
Senior Counsel Barry Lindahl recommends City Council adoption of ordinances
repealing Title 11, Chapter 3, Articles A, D and E and adopting a new Article A providing
for a franchise fee for cable and video services.
Iowa Code Chapter 477A requires the City to "request" that the incumbent cable
provider and any competitive cable provider to pay a franchise fee. The proposed
ordinance affirms the current Mediacom fee and provides that all cable and video
service providers must pay the franchise fee required by Chapter 477A. The ordinance
will avoid any issues over the timing of any requests and also provides enforceability for
the fee requirement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
THE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: January 12, 2022
Dubuque
AII•Ameriea City
NAT2lIWL(NK; II� JJI�
2007-2012.2013
2017*2019
RE: City of Dubuque Code of Ordinances Title 11 Rights -of -Way, Chapter 3
Cable Television:
1. Repeal of the following:
Article A.
Cable Franchise Agreement
Article B.
Community Teleprogramming Commission
Article C.
Cable Regulatory Commission
Article D.
Rates and General Regulations
Article E.
Cable Service Customer Service Standards
2. Adoption of a new Article A Franchise Fees for Cable or Video Services
The purpose of this Memorandum is to recommend (1) repeal of City of Dubuque Code
of Ordinances Title 11 Rights -of -Way, Chapter 3 Cable Television, Articles A, D and E
and (2) adoption of a new Article A providing for a franchise fee for cable and video
services.
Repeal of Articles A, D and E Articles A, D and E
Articles B and C were repealed in 2012.
Iowa Code Chapter 477A now governs franchises for cable and video services. Although
a cable or video service provider may elect to obtain a franchise from a city, it is unlikely
that a provider would do so when the alternative is to obtain a certificate of franchise
authority from the Iowa Utilities Board under the simplified procedure in Chapter 477A.
In 2005, the City of Dubuque granted a cable franchise to Mediacom Iowa, LLC. The
Franchise Agreement is City of Dubuque Code of Ordinances Title 11-Chapter 3, Article
A.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
In 2008, after Iowa Code Chapter 477A was adopted, Mediacom applied to the Iowa
Utilities Board for a certificate of franchise authority. The certificate was granted and the
City of Dubuque franchise was terminated in 2009. In 2018, Mediacom applied for and
was granted an extension of the state certificate of authority which is in effect until 2028.
Under the state certificate of authority, Mediacom is required to continue paying the City
of Dubuque the 5% franchise fee and has certain limited Public Education Government
(PEG) requirements.
Other than provisions in Article A, the Mediacom franchise agreement, that relate to the
Institutional Network (the I -Net), Article A is no longer of any effect and should be
repealed. The I -Net is now the subject of a separate agreement with Mediacom.
Iowa Code Chapter 477A also prohibits a city from imposing any rate regulation or
customer service standards, formerly the subject of Articles D and E. Those are now all
matters subject to Iowa Utilities Board jurisdiction. Articles D and E should also be
repealed.
ImOn Communications, LLC has recently provided the required notice under Iowa Code
Chapter 477A of its intent to expand its cable and video service area to include the City
of Dubuque. Once it has commenced service and upon request of the City, ImOn will also
be subject to the 5% franchise fee and PEG requirements.
The remaining cable television ordinance in the City of Dubuque Code of Ordinances is
Title 2, Chapter 11, Cable Television Commission, whose purpose is as follows:
2-11-2: PURPOSE:
The purpose of the commission is:
A. To develop, in respect to community programming, policies that will
govern:
1. The use and protection of equipment and facilities;
2. The priorities and scheduling for use of channel time; and
3. Other matters pertaining to community programming or cable
services in Dubuque which may arise.
B. To develop policies and procedures regarding the public community
programming channels that will promote its nondiscriminatory, first come,
first served and equitable use in conformity with all applicable regulations
and requirements and limit such use to residents of Dubuque and their own
productions.
C. To encourage interest in and development of decidedly local
community programming.
D. To encourage cooperation and cordial relations between community
programmers, cable subscribers, and the local cable manager and the local
cable manager's staff.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
E. To identify and support organizations interested in the channels
reserved for public, education, and government programming.
F. To advise the following:
1. The city manager or the city manager's designee (collectively "the
city manager") on matters relating to community programming; and
2. The city council on expenditure of any funds designated by a
franchise for PEG equipment and facilities.
G. To promulgate and administer through the city manager all policies,
rules, and procedures relating to community programming.
H. To keep abreast of developments in cable technologies, services, and
programming.
I. To evaluate its own proceedings and actions and all community
programming and cable related activities.
New Article A: Franchise Fee Ordinance
Iowa Code Chapter 477A requires the city to "request" that the incumbent cable provider
and any competitive cable provider to pay a franchise fee. The proposed ordinance
affirms the current Mediacom fee and provides that all cable and video service providers
must pay the franchise fee required by Chapter 477A. The ordinance will avoid any issues
over the timing of any requests and also provides enforceability for the fee requirement.
Recommendation
I recommend that the attached ordinances repealing Title 11, Chapter 3, Articles A, D and
E and adopting a new Article A be submitted to the City Council for consideration and
adoption.
BAL:JLM
cc: Crenna Brumwell, City Attorney
Randy Gehl, Public Information Officer
Chris Kohlmann, Information Services Manager
Dave Lyons, Sustainable Innovations Consultant, GDDC
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 4-22
REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS -OF -
WAY, CHAPTER 3 CABLE TELEVISION, ARTICLE A. CABLE FRANCHISE
AGREEMENT, ARTICLE D. RATES AND GENERAL REGULATIONS, AND ARTICLE
E. CABLE SERVICE CUSTOMER SERVICE STANDARDS
WHEREAS, Iowa Code Chapter 477A governs cable or video services franchises;
and
WHEREAS, the City Council finds that City of Dubuque Code of Ordinances Title
11 Rights -of -Way, Chapter 3 Cable Television, Article A. Cable Franchise Agreement,
Article D. Rates and General Regulations, and Article E. Cable Service Customer Service
Standards are no longer applicable to cable or video services in the City of Dubuque and
should be repealed.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE AS FOLLOWS:
1. City of Dubuque Code of Ordinances Title 11 Rights -of -Way, Chapter 3
Cable Television, Article A. Cable Franchise Agreement, Article D. Rates and General
Regulations, and Article E. Cable Service Customer Service Standards are hereby
repealed.
2. The Mayor is hereby authorized and directed to sign this Ordinance on
behalf of the City of Dubuque.
Passed, approved, and adopted this 18th day of January, 2022.
. •M.'CavanaTK—Mayor
Attest:
00'/1'1r2 /� 6L'-
Adrienne N. Breitfelder, City Clerk
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 5-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11, RIGHTS -
OF -WAY, CHAPTER 3, CABLE TELEVISION, BY ENACTING NEW SECTION
11-3A-1, FRANCHISE FEES FOR CABLE AND/OR VIDEO SERVICES, NEW
SECTION 11-3A-2, FRANCHISE FEES REAFFIRMED, AND NEW SECTION 11-
3A-3, PUBLIC, EDUCATIONAL AND GOVERNMENTAL CHANNEL CAPACITY
AND TRANSMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
SECTION 1. City of Dubuque Code of Ordinances Title 11, Rights -of -Way,
Chapter 3, Cable Television, is hereby amended by adding thereto new Article A,
Certificates of Franchise Authority, as follows:
ARTICLE A. CABLE AND VIDEO SERVICE PROVIDERS
11-3A-1: Franchise fees for cable and/or video services:
Any provider of cable television and/or video services in the city shall remit
to the city a franchise fee or fee(s) as provided under Iowa Code Section
477A.7, in the sum of five percent (5%) of gross revenues.
11-3A-2: Franchise fees affirmed:
The franchise fees of five percent (5%) of gross revenues, as imposed
under the city's prior franchise agreements and collected by the city, are
hereby ratified, affirmed and approved from the expiration date of said
franchises forward and continuing under this ordinance.
11-3A-3: Public, education and governmental channel capacity and
transmission:
Any provider of cable television and/or video services in the city shall
provide the city with public, educational and governmental channel capacity
pursuant to Iowa Code Section 477A.6. Each such provider shall provide
three (3) public, educational and governmental access channels, and shall
transmit the public, educational and governmental channel signals through
its cable and/or video system within the city.
SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect
the validity of the ordinance as a whole or any section, provision, or part thereof not
adjudged invalid or unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after
its final passage, approval and publication as provided by law.
Passed, approved, and adopted this IV day of January, 2022.
Attest: 042;&W, /� A
Adrienne N. Breiffelder, City Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
O1/21/2022
and for which the charge is 147.56
Subscribed to b ore me, a Notary l bjic in and for
Dubuque County, Iowa,
this 21st day ofianuary, 2022
Notary Public in and for Dubuque County, Iowa.
SHAAON VWELS
CO3:m1rWUd0a MmMtbmv
ty I-mma. exp, x6v 7
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 4-22
REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11
RIGHTS -OF -WAY, CHAPTER 3 CABLE TELEVISION, ARTICLE A. CABLE
FRANCHISE AGREEMENT, ARTICLE D. RATES AND GENERAL REGULATIONS,
AND ARTICLE E. CABLE SERVICE CUSTOMER SERVICE STANDARDS
WHEREAS, Iowa Code Chapter 477A governs cable or video
services franchises; and
WHEREAS, the City Council finds that City of Dubuque Code of
Ordinances Title 11 Rights -of -Way, Chapter 3 Cable Television,
Article A. Cable Franchise Agreement, Article D. Rates and
General Regulations, and Article E. Cable Service Customer
Service Standards are no longer applicable to cable or video
services in the City of Dubuque and should be repealed.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE AS FOLLOWS:
1. "City of Dubuque Code of Ordinances Title 11
Rights -of -Way, Chapter 3 Cable Television, Article A. Cable
Franchise Agreement, Article D. "Rates and General Regulations,
and Article E. Cable Service Customer Service Standards are
hereby repealed.
2."The Mayor is hereby authorized and directed to sign this
Ordinance on behalf of the City of Dubuque.
Passed, approved, and adopted this 18th day of January,
2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 21 st day of January, 2022.
/s/Adrienne N. Breitfelder, City Clerk
It O1/21
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
O1/21/2022
and for which the charge is 33.58
Subscribed to before me, a Notary Pu c in and for
Dubuque County, Iowa,
this 21st day of January, 2022
Notary Public in and for Dubuque County, Iowa.
"�`•. SH.ARON1WELSORN
Go��mi�nteJ�o�m Wwm9-tv a2744M
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 5-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11,
RIGHTS -OF -WAY, CHAPTER 3, CABLE TELEVISION, BY ENACTING NEW
SECTION 11-3A-1, FRANCHISE FEES FOR CABLE AND/OR VIDEO
SERVICES, NEW SECTION 11-3A-2, FRANCHISE FEES REAFFIRMED, AND
NEW SECTION 11-3A-3, PUBLIC, EDUCATIONAL AND GOVERNMENTAL
CHANNEL CAPACITY AND TRANSMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
SECTION 1. City of Dubuque Code of Ordinances Title 11,
Rights -of -Way, Chapter 3, Cable Television, is hereby amended
by adding thereto new Article A, Certificates of Franchise
Authority, as follows:
ARTICLE A. CABLE AND VIDEO SERVICE PROVIDERS
11-3A-1: Franchise fees for cable and/or video services:
Any provider of cable television and/or video services in
the city shall remit to the city a franchise fee or fee(s) as
provided under Iowa Code Section 477A.7, in the sum of five
percent (5 %) of gross revenues.
11-3A-2: Franchise fees affirmed:
The franchise fees of five percent (5 %) of gross revenues,
as imposed under the citys prior franchise agreements and
collected by the city, are hereby ratified, affirmed and
approved from the expiration date of said franchises forward
and continuing under this ordinance.
11-3A-3: Public, education and governmental channel
capacity and transmission:
Any provider of cable television and/or video services in
the city shall provide the city with public, educational and
governmental channel capacity pursuant to Iowa Code Section
477A.6. Each such provider shall provide three (3) public,
educational and governmental access channels, and shall
transmit the public, educational and governmental channel
signals through its cable and/or video system within the city.
SECTION 2. REPEALER. All ordinances or parts of ordinances
in conflict with the provisions of this ordinance are hereby
repealed.
SECTION 3. SEVERABILITY CLAUSE. If any section, provision
or part of this ordinance shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section,
provision, or part thereof not adjudged invalid or
unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in
effect from and after its final passage, approval and
publication as provided by law.
Passed, approved, and adopted this 18th day of January,
2022.
/sBrad M. Cavanagh, Mayor
Attest: A/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 21st day of January, 2022.
/s/Adrienne N. Breitfelder, City Clerk
It O1/21