Ordinance 40-06OFFICIAL PUBLICATION
ORDINANCE NO. 40-06
APPROVING AN AMENDMENT TO THE CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC
WHEREAS, on May 2, 2005, the City Council adopted Ordinance No. 28-
05 approving a Cable Franchise Agreement between the City of Dubuque, Iowa
(City) and MCC Iowa, LLC (Mediacom); and
WHEREAS, City and Mediacom now desire to amend the Cable
Franchise Agreement as set forth in the attached First Amendment to Cable
Franchise Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. The First Amendment to Cable Franchise Agreement, attached
hereto, is hereby approved.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 5th day of June, 2006.
/s/Ann E. Michalski, Mayor Pro -Tem
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
FIRST AMENDMENT
TO CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
MCC IOWA, LLC
This First Amendment to Cable Franchise Agreement dated for reference
purposes the 15th day of May, 2006, is made and entered into by and between
the City of Dubuque, Iowa and MCC Iowa, LLC.
1. The Cable Franchise Agreement is amended as follows:
(a) Section 6(h)(2)(G) is amended to read as follows:
(A) (G) Single -mode fibers will be built to each I -Net site as
designated in Exhibit B. At each I -Net site, at the City's
option, either (i) fibers shall be terminated using industry
standard connectors at a demarcation point to be agreed
upon by the Grantee and the User up to fifteen feet inside
the building entry wall and consistent with the Grantee's
direction of approach to the building, consistent with the
FCC's rules as amended from time to time (the
"Demarcation Point"), or (ii) the Grantee shall provide a coil
of fiber-optic cable, without termination or connector, of a
length reasonably requested by the User to permit the User
or the facility owner to bring the connection further inside the
building beyond that Demarcation Point in accordance with
normal industry practice. Any I -Net fiber starting at the
Demarcation Point and extending outward from the building
shall be deemed to be on the Grantee's side of the
Demarcation Point, and any I -Net fiber starting at the
Demarcation Point and extending further inside the building
shall be deemed to be on the user's side of the Demarcation
Point. The City and Grantee shall work together to
determine demarcation points for individual I -Net sites.
(b) Section 6(h)(2)(K) is amended to read as follows:
(K) The Grantee shall begin construction of the I -Net within
three months after the Effective Date. Grantee shall
complete construction of the I -Net plant by the end of
eighteen (18) months after the Effective Date.
(c) Section 6(h)(2)(L) is amended to read as follows:
(L) The following sites have opted not to be included on the I -
Net:
• Army/Navy Reserve, 10763 Airport Road;
• Army Corps of Engineers, Lock and Dam #11, Eagle
Point Drive;
• National Guard, 195 Radford Road; and
• U.S. Coast Guard, 60 East First Street.
(d) Section 6(h)(3)(B) is amended to read as follows:
(B) The Grantee shall submit detailed site plans for design and
construction of the I -Net at least fifteen days prior to the
anticipated start of construction. The City shall review and
approve such detailed site plans at least five business days
before the anticipated start of construction, and before the
Grantee begins actual construction of the segment. Such
approval shall not be unreasonably withheld. The Grantee
may submit all I -Net construction information in a single
permit application. The City agrees to process the permit
application within five business days.
(e) Section 6(h)(4) is amended to read as follows:
(4) Acceptance. Construction standards shall be as
specified in the Ordinance. The acceptance procedure for
each I -Net site is as follows: three (3) business days in
advance of testing, the Grantee shall inform the I -Net
Coordinator of any continuity test. The City shall have the
option to be present at the test. The Grantee shall perform
the test after terminating the fibers on both ends and will
conduct the test from the connector output at both 1310 nm
and 1550 nm using an optical time -domain reflectometer
(OTDR) from both ends of the fiber (at the user site and at
the headend or aggregation site). The Grantee shall submit
the continuity test results to the City in electronic format and
optionally in paper format; the City may require re -testing of
the segment if it is not satisfied with the results of the
Grantee's tests. The results shall be deemed accepted if
the City does not object to such results within ten (10)
business days. When I -Net construction is completed, one
bound, paper copy containing all test results shall be
submitted to the City.
2. Exhibit B, I -Net Site List, is amended as follows:
(a) The following sites shall be removed from inclusion on the I -Net:
• Housing Services, 1805 Central Avenue; and
• City Green House (co -located with Ham House Museum).
(b) The following sites shall be added to the I -Net:
• Wastewater Treatment Plant, Julien Dubuque
of fiber returning to City Hall Annex); and
• University of Dubuque Flight School (six
returning to the University of Dubuque).
Drive (six strands
strands of fiber
(c) The following sites shall have a total of 12 strands of fiber optic
cable returning to City Hall Annex:
• Fire Training Facility, 12920 Seippel Rd; (this site's Return
Location moves from Fire Headquarters as originally listed in
Exhibit B to City Hall Annex per this amendment);
• Fire Engine House No. 2, 2180 JFK Rd;
• Fire Engine House No. 3, 3155 Central Ave;
• Fire Engine House No. 4, 1697 University Ave;
• Fire Engine House No. 5, 689 S. Grandview;
• Fire Engine House No. 6, 1500 Rhomberg Ave; and
• Fire Engine House No. 7, location TBD, will be connected by
the Grantee at no additional charge.
(d) The Grantee shall install and test bundles of fiber as indicated to
the following traffic intersections, which will report back to City Hall
Annex:
• 151 and Grandview (6 fibers);
• Rockdale and Maquoketa (6 fibers);
• Twin Valley and Tower (6 fibers); and
• JFK and Pennsylvania (12 fibers)
3. City and the Grantee agree to share equally the cost resulting from the
changes to Exhibit B. Grantee has determined that these costs will not
exceed $109,417.67.
CITY OF DUBUQUE, IOWA
By: Roy D. Buol, Mayor
MCC IOWA, LLC
By: Bruce Gluckman,
Vice President,
Legal and Regulatory Affairs
Karen M. Chesterman, Deputy City Clerk
Published officially in the Telegraph Herald Newspaper the 9th day of June,
2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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