Extension of Fiber Optic Cable Facilities Agreement with Mediacom LLC Copyrighted
August 21, 2023
City of Dubuque Consent Items # 016.
City Council Meeting
ITEM TITLE: Extensionof FiberOptic Cable FacilitiesAgreementwith Mediacom
lowa LLC
SUM MARY: City Manager recommending City Council approve the Mediacom
request to extend the Fiber Optic Cable Facilities Agreement with the
City of Dubuque for ten years with an up front, one-time payment of
$55,461.60.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Extension of Fiber Optic Cable Facilities Agreement Staff Memo
with Mediacom lowa LLC memo to the City Manager
Extension of Fiber Optic Cable Facilities Agreement Supporting Documentation
with Mediacom lowa LLC
Dubuque
THE CITY QF �
All-Meriea Ciry
DLT B E ; . � . �
�� � �
MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3
YP pp za��*zai�
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Extension of Fiber Optic Cable Facilities Agreement with Mediacom lowa
LLC
DATE: August 17, 2023
Civil Engineer II Dave Ness, Information Services Manager Chris Kohlmann, and
Sustainable Innovation Consultant David Lyons are recommending City Council
approve the Mediacom request to extend the Fiber Optic Cable Facilities Agreement
with the City of Dubuque for ten years with an up front, one-time payment of
$55,461.60.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Chris Kohlmann, Information Services Manager
David Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
Dubuque
THE CITY OF �
�IFMmerip Ci�r
DUB E '�I , �I.'
��
2007•2012•2013
Masterpiece on the Mississippi zoi�*Zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
SUBJECT: Extension of Fiber Optic Cable Facilities Agreement with Mediacom lowa
LLC
DATE: August 17, 2023
Introduction
Mediacom has contacted the City to extend the Fiber Optic Cable Facilities Agreement
with the City of Dubuque.
Background
In July 2017, the City of Dubuque entered into the Fiber Optic Cable Facilities
Agreement with Mediacom. Mediacom was facing significant costs to replace an old
fiber conduit that would be lost due to the construction of the Southwest Arterial. The
Agreement allowed Mediacom to access a small portion of the City's conduit and fiber
running from the Dubuque Technology Park to the Dubuque Regional Airport.
Mediacom has requested to extend that Agreement.
This arrangement has worked well with Mediacom avoiding significant new costs and
the City earning revenue from its excess fiber capacity. The original Agreement
approved by the City Council allowed for a three-year term, with one three-year
extension which Mediacom has already taken advantage of. The proposal is to amend
that original Agreement to allow for a ten-year extension of the Agreement. All other
provisions of the original Agreement stay in place.
Proposal
We have developed a proposed Amendment to the Fiber Optic Cable Facilities
Agreement (attached) between the City of Dubuque and Mediacom. It would allow
Mediacom to continue to access fiber for a period of ten (10) years. Mediacom would
compensate the City with a one-time payment of $3.60 per linear foot, for 15,406 linear
feet of fiber. This would be an up-front, one-time payment of$55,461.60.
Budget Impact
There would be a positive revenue impact of$55,461.55 and no cost to the City for
implementing this Amendment.
Recommendation
The Amendment fits within the overall goals set for the City's broadband acceleration
initiative, including:
• Reducing the costs for private broadband investments and services in the City of
Dubuque;
• Generating increased connectivity and access within the community of Dubuque;
� Generating revenue for the City to maintain and expand its fiber infrastructure;
and
• Preserving limited public right-of-way.
Action Requested
We would seek your review and request your recommendation to the City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Engineer
Kerry Bradley, Engineering
AMENDMENT
TO
FIBER OPTIC CABLE FACILITIES AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MCC IOWA LLC
This Amendment, dated for reference purposes the day of ,
2023, is made and entered into by and between the City of Dubuque, lowa ("City") and
MCC lowa LLC, a Delaware Limited Liability Company ("Mediacom").
Whereas, City and Mediacom entered into the Fiber Optic Cable Facilities
Agreement on July 17, 2017 ("Agreement"); and
Whereas, the City and Mediacom agree that the Agreement shall be amended as
follows.
Section 1. SECTION 4 TERM shall be amended to read as follows:
SECTION 4. TERM. The Term of the Agreement shall be from July 17, 2017,
until midnight on July 1, 2033.
Section 2. This Amendment is subject to Mediacom paying to the City of
Dubuque $55,461.60 for full payment on or before September 1, 2023.
Section 3. All other terms of the Agreement shall remain in full force and
effect.
City of Dubuque, lowa MCC IOWA LLC
By: By: