Cable - Mediacom Franchise Ext.MEMORANDUM
September 11, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Mediacom Cable Franchise Extension
Cable Franchise Administrator Merrill Crawford recommends granting a short-term
extension of the existing cable television franchise and a concurrent hub site lease to
MCC Iowa, Inc. (Mediacom), to expire June 30, 2002, in order to allow for orderly
completion of a cable-related needs ascertainment and detailed franchise renewal
negotiations.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Merrill Crawford, Cable Franchise Administrator
Preparer: Merrill Crawford Address: City Hall Annex~ 1300 Main Street, Dubuque, IA 52001-473?
Telephone: {563)-589-418i
ORDINANCE NO. 57-01
AN ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE FRANCHISE
AGREEMENT AND HUB SITE LEASE OF MCCIOWA, EEC. TO JANUARY 31, 2002
Whereas, MCClowa, L.L.C. (Mediacom) is the current holder of a cable
services franchise, embodied in Ordinance No. 42-81, as modified by a series of
waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June 18, 2001; and
Whereas, one of the side agreements is a lease to Mediacom to build and
maintain a network hub on City-owned property located at 1585 West Third Street
in Dubuque; and
Whereas, the terms of the franchise and of the lease will expire September
30, 2001; and
Whereas, representatives of the City of Dubuque and of MediaCom have
entered into good faith negotiation of terms and conditions for the renewal of the
franchise and the lease,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The term of the cable services franchise and the term of the
lease are hereby extended to June 30, 2002, with all the rights, privileges and
responsibilities appertaining thereunto; and
Section 2. The City Manager is hereby authorized to sign and administer
the extension agreement on behalf of the City of Dubuque.
Passed, approved and adopted this
Attest:
Ueanne F. Schneider, City Clerk
17th day of September, 2001.
Terrance M Duggan, Mayor
AGREEMENT EXTENDING
THE TERM OF THE CABLE SERVICES FRANCHISE GRANTED TO
MCC IOWA LLC
This Agreement, made this day of September, 2001, by and between the
City of Dubuque, Iowa, an Iowa municipal corporation (hereinafter the "City"), and
MCC Iowa LLC, a Delaware corporation (hereinafter "Mediacom").
WITNESSETH:
WHEREAS, Mediacom currently holds a cable franchise (the "Franchise")
from the City subject to Ordinance No. 42-81 ("The Dubuque Cable Services
Franchise"), Resolution No. 110-87, Resolution No. 284-881 Resolution No. 349-
94, Resolution No. 521-98, Resolution No. 445-99, Resolution No. 108-00, and
Resolution No. 275-01 and to Ordinance No. 69-93, all of which documents, as
any of them may lawfully be or may have been amended from time to time, are
collectively referred to as the "Franchise Documents"; and
WHEREAS, the parties are currently negotiating the renewal of the
Franchise; and
WHEREAS, the parties have agreed that an extension of the current
Franchise, in order to complete negotiations, and to take such other actions as
may be appropriate to resolve renewal issues, is to the benefit of both parties;
and
WHEREAS, Mediacom has consented to the terms of this extension;
NOW, THEREFORE, in consideration of the promises and undertakings herein,
the receipt and accuracy of which are hereby acknowledged, the parties hereby
agree as follows:
Section 1. The Franchise, which was scheduled to expire on Septemberr
30, 2001, is extended from that date until June 30, 2002 (the "extension period").
Section 2. During the extension period, and any subsequent extension
periods, if any, all the terms and conditions set forth in the Franchise Documents
shall continue in full force and effect.
Section 3. This extension shall be without prejudice to any rights of either
party under the Cable Communications Policy Act of 1984, as amended. For
example, and by way of illustration and not limitation, any rights Mediacom may
have already asserted properly under 47 U.S.C. __ 546(a) need not be asserted
again, and are not affected by the extension. Similarly, the extension will not be
read to give Mediacom additional rights or opportunities to trigger the provisions
of 47 U.S.C._ 546(a)-(g), or to require the City to reconduct hearings or other
actions properly taken in conjunction with any renewal proceedings under either
or both of the Franchises. No claim that either party may have against the other
shall be released or otherwise affected by this extension.
IN WITNESS WHEREOF, the parties hereto have set their respective hands and
seals on the day first above written.
CITY QF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
MCC IOWA LLC
By