Federal Communication Commission (FCC) Franchising Appeal Request Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: Federal Communication Commission (FCC) Franchising Appeal Request
SUMMARY: City Manager recommending approval to participate in the potential appeal
of an FCC order which may open the door for cable operators to deduct I-
Net support and other in-kind services from their franchise fee payment.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ FCC Franchising Order Appeal-MVM Memo City Manager Memo
❑ Staff memo Staff Memo
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: FCC Franchising Order Appeal
DATE: February 23, 2015
Cable TV Coordinator Craig Nowack is recommending City Council approval to
participate in the potential appeal of an FCC order which may open the door for cable
operators to deduct I-Net support and other in-kind services from their franchise fee
payment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Craig Nowack, Cable TV Coordinator
Dubuque
THE CITYOFw�
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Masterpiece on the Mississippi
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TO: Michael C. Van Milligan, City Manager
FROM: Craig Nowack, Cable TV Coordinator
DATE: February 23, 2015
RE: FCC Franchising Order Appeal
INTRODUCTION
The purpose of this memorandum is to request your permission to participate in the potential
appeal of an FCC order which may open the door for cable operators to deduct I-Net support
and other in-kind services from their franchise fee payments.
BACKGROUND
Attorneys from Best Best& Krieger (BBK), formerly of Miller & Van Eaton, recently brought a
matter of importance to the attention of City Attorney Barry Lindahl. In a memo dated February
10, 2015, BBK Attorney Gerry Lederer outlined recent FCC and 611 Circuit court action which
could allow incumbent cable operators to reduce their franchise fee payments to reflect the
value of free services provided to local governments, such as cable service. It might also allow
them to refuse to provide institutional networks (I-Nets).
BBK contacted the City of Dubuque because we were an Intervener in a previous case involving
the 611 Circuit Court of Appeals. They are asking cities to participate in a coalition to appeal the
actions which could allow cable operators to reduce their franchise fee payments and I-Net
obligations. The cost for this appeal would be no more than $5,000 and a pro rata share of the
appeal costs. City Attorney Lindahl and I both feel the City would be wise to participate.
The Cable TV Legal Services account still has its full balance of $25,000 remaining for FY15.
With no other major legal expenses anticipated for the remainder of fiscal year, I believe we can
safely afford to participate.
RECOMMENDED ACTION
I respectfully request permission to participate in the above-mentioned appeal.
cc: Randy Gehl, Public Information Officer
Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Jenny Larson, Budget Director