Mediacom TV Cable Franchise ExtMEMORANDUM
March 4, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Mediacom Franchise Extension
Cable Franchise Administrator Merrill Crawford is recommending City Council
authorization to grant an additional three month extension of the existing Mediacom
Cable Franchise. While 1 know this will be the fourth extension of this franchise, I
believe that now that we have the results of the detailed ascertainment study, we are in
a position to negotiate that will create a chance for the best possible results.
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
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 4, 2003
MEMO TO: Michael C. Van Milligen, City Manager
FROM: Merrill Crawford, Cable Franchise Administrator
SUBJECT: Mediacom Franchise Extension
INTRODUCTION: The purpose of this memorandum is to recommend that the
City Council grant an additional three-month extension of the existing Mediacom
cable franchise and side agreements under the terms currently in effect.
BACKGROUND: At their Dec. 16, 2002 meeting, the City Council adopted
Ordinance No. 99-02 approving and authorizing the City Manager to execute an
agreement extending the current cable franchise with MCCIowa, LLC
(Mediacom) to March 31, 2003. This was the fourth temporary extension granted
to permit completion of our consultant's detailed ascertainment of the
community's future cable-related needs and negotiation of franchise renewal
terms with Mediacom in accordance with procedures set by the 1984 Cable Act,
The City's consultant, CBG Communications, Inc. has since reported their
findings and recommendations from the detailed ascertainment study they
conducted of Dubuque's future cable-related needs. This ascertainment and
other resources will be used in the face-to-face negotiations with Mediacom as to
the terms of the cable franchise renewal. The local team will be aided in these
negotiations by Frederick EIIrod Ill of the Miller & Van Eaton Law Firm of
Washington, D. C.
As you know, just as we began to schedule those meetings, a compounded family
emergency occurred which has drew me out of Dubuque for the last half of
January and much of February. The month of March will also be difficult in this
regard, but we are nevertheless attempting to schedule Dubuque visits by Mr.
EIIrod and consultant Tom Robinson to brief City officials and the negotiating
team, and to conduct face-to-face meetings with Mediacom.
Because of this unanticipated interruption,, It is clear that the negotiation, the
public hearing on the final recommendation, and the finalization or denial of a
Mediacom franchise renewal cannot be completed as hoped by the March 31,
2003 expiration of the current temporary franchise extension. I recommend that
an additional extension be granted through June 30, 2003. This would be
accomplished, as before, by adoption of the proposed ordinance.
On the positive side, I can report that Mediacom has been planning a significant
upgrade of their Dubuque system and has indicated their willingness to include
core design elements and features of that system among the items to be
negotiated, rather than unilaterally completing their upgrade without consideration
of our identified community needs. The preliminary indications are that
Mediacom's technical approach to such an upgrade will be compatible with
certain of CBC Communications' recommendations, or within reasonable range of
negotiated additions or changes. There are other encouraging signs as well,
regarding the likelihood of a lower-cost "broadcast basic" option becoming
available in Dubuque.
Of additional interest; there may now be some unique construction and
coordination opportunities between a Mediacom upgrade, the City's own fiber
expansion plans, and some new state networking and homeland security projects
that are coming to light. We may find that the Mediacom franchise renewal talks,
while not conforming to our original calendar, may in fact occur at an opportune
time in context of long term benefits to the community.
Multiple short-term franchise extensions are not unusual in a cable franchise
renewal process. In practice, both the City and Mediacom have honored their
obligations under these extension agreements and we have averted unnecessary
turmoil that would arise from expiration before the question of renewal is
determined via the federally mandated process. It is in the interest of neither
party, nor of the larger community, to permit the current franchise to simply expire
by default. Again, this most recent delay in conducting face-to-face negotiations
in Dubuque is was not caused by any action or inaction on the part of Mediacom,
but on my own inavailability for an extended period.
RECOMMENDED ACTION: The Recommended Action is that, following the
March 17 public hearing, the City Council City Council approve the proposed
Ordinance extending the current franchise agreement with Mediacom to June 30,
2003.
Cc: Pauline Joyce, Administrative Services Manager
Barry Lindahl, Corporation Counsel
Tim O'Brien, Assistant City Attorney
Cable TV Regulatory Commission
Cable Community Teleprogramming Commission
Prepared by: Merrill Crawford, Cable Franchise Administrator, City Hall Annex, 1300 Main St. Dubuque, IA 52001-4732
ORDINANCE NO. 19-03
AN ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE
FRANCHISE AGREEMENT AND HUB SITE LEASE OF MCCIOWA, L.L.C. TO JUNE
30, 2003.
Whereas, MCCIowa, 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 March 31, 2003;
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, 2003, 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 17th day of March, 2003.
Terrance M. Duggan, Mayor
Jeanne Scfineider, City Clerk
AGREEMENT EXTENDING
THE TERM OF THE CABLE FRANCHISE GRANTED TO
MCC IOWA LLC
This Agreement, made this day of March, 2003, 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 ("Dubuque Cable Services Franchise"), Resolution No.
110-87, Resolution No. 284-88, 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 beneftt of both parties;
WHEREAS, Mediacom has consented to the terms of this extension;
NOW, THEREFORE, in consideration of the promises and undertakings herein, the receipt
and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
Section 1. The Franchise, which was scheduled to expire on March 31, 2003, is
extended from that date until June 30, 2003 (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 OF DUBUQUE, IOWA
By
Michael C. Van Milligen
City Manager
MCC IOWA LLC
By
2
MEMORANDUM
February 27, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Mediacom Franchise Extension
Cable Franchise Administrator Merrill Crawford is recommending that a public hearing
be set for Mamh 17, 2003, to consider granting an additional three month extension of
the existing Mediacom Cable Franchise. While I know this will be the fourth extension
of this franchise, I believe that now that we have the results of the detailed
ascertainment study, we are in a position to negotiate that will create a chance for the
best possible results.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michae C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Merrill Crawford, Cable Franchise Administrator
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 27, 2003
MEMO TO: Michael C. Van Milligen, City Manager
FROM: Merrill Crawford, Cable Franchise Administrator
SUBJECT: Mediacom Franchise Extension
INTRODUCTION: The purpose of this memorandum is to recommend that the
City Council grant an additional three-month extension of the existing Mediacom
cable franchise and side agreements under the terms currently in effect.
BACKGROUND: At their Dec. 16, 2002 meeting, the City Council adopted
Ordinance No. 99-02 approving and authorizing the City Manager to execute an
agreement extending the current cable franchise with MCCIowa. LLC
(Mediacom) to March 31,2003. This was the fourth temporary extension granted
to permit completion of our consultant's detailed ascertainment of the
community's future cable-related needs and negotiation of franchise renewal
terms with Mediacom in accordance with procedures set by the 1984 Cable Act.
The City's consultant, CBG Communications, Inc. has since reported their
findings and recommendations from the detailed ascertainment study they
conducted of Dubuque's future cable-related needs. This ascertainment and
other resources will be used in the face-to-face negotiations with Mediacom as to
the terms of the cabte franchise renewal. The local team will be aided in these
negotiations by Frederick EIIrod III of the Miller & Van Eaton Law Firm of
Washington, D. C.
As you know, a compounded family emergency which began January 14 has
drawn me repeatedly out of Dubuque many days in January and February, and
although we've made much progress, the month of March can also be expected
to be difficult in this regard. Nevertheless, we are attempting to schedule
Dubuque visits by Mr. EIIrod and consultant Tom Robinson to brief City officials
and the negotiating team, and to begin face-to-face meetings with Mediacom.
Because of this development, It is clear that the negotiation, the public hearing,
and the finalization (or the ultimate denial) of a Mediacom franchise renewal
cannot be completed as hoped by the March 31. 2003 expiration of the current
temporary franchise extension. I recommend that an additional extension be
granted through June 30, 2003. This would be accomplished, as before, by
adoption of the proposed ordinance.
On the positive side, I can report that Mediacom has been planning a significant
upgrade of their Dubuque system and has indicated their willingness to include
core design elements and features of that system among the items to be
negotiated, rather than unilaterally complete the upgrade without consideration to
our identified community needs. The preliminary indications are that Mediacom's
technical approach to such an upgrade will be compatible with certain of CBG
Communications' recommendations, or within reasonable range of negotiated
additions or changes.
Of additional interest; there may now be some unique construction and
coordination opportunities between a Mediacom upgrade, the City's own fiber
expansion plans, and some new state and homeland security projects that are
coming to light. We may well find that the Mediacom renewal talks, while not
conforming to our original calendar, may in fact occur at an opportune time in
context of long term benefits to the community.
Multiple short-term franchise extensions are not unusual in a cable franchise
renewal process. In practice, both the City and Mediacom have honored their
obligations under these extension agreements and we have averted unnecessary
turmoil that would arise from expiration before the question of renewal is
determined via the federally mandated process. It is in the interest of neither
party nor of the larger community to permit the current franchise to simply expire
by default.
RECOMMENDED ACTION: The Recommended Action is that a Public Hearing
be set for the March 17 City Council meeting and that the City Council approve
the proposed Ordinance extending the current franchise agreement with
Mediacom to June 30, 2003.
Cc: Pauline Joyce, Administrative Services Manager
Barry Lindahl, Corporation Counsel
Tim O'Brien, Assistant City Attorney
Cable TV Regulatory Commission
Cable Community Teleprogramming Commission
Prepared bs: Merrill Crawford. Cable Franchise Adminlstrator City Hall Annex 1300 Main St Dubuque, IA 52001-4732
RESOLUTION NO. -03
A RESOLUTION OF THE CITY'S INTENT TO GRANT A SHORT-TERM
EXTENSION OF AN EXISTING CABLE SERVICES FRANCHISE AND AN
EXISTING HUB SITE LEASE TO MCCIOWA L.L.C.
Whereas. MCClowa, LL.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 Du Duque; and
Whereas. the terms of the franchise and of the lease will expire March 31 2003.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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1 That the City of Dubuque intends to extend the term of the cable services
franchise and the term of the lease to June 30. 2003 under the same terms and conditions
as currently in effect; and
Section 2. That the City Clerk is hereby authorized and directed to cause notices to
be published of the proposed extension in the manner prescribed by law.
Passed, approved and adopted this 3rd day of March. 2003.
Attest:
Jeanne Schneider. City Clerk
Terrance M. Duggan, Mayor