Mediacom formal proposal Franchise
Mediacom)
March 21, 2005
Office of the City Clerk
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
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MCC Iowa, LLC ("Mediacom") submits the accompanying formal renewal proposal
("FRP") to the City of Dubuque ("City" or "Dubuque") pursuant to 47 U.S.c. ~546(a)-(h).
Our FRP in response to the City's Request for Renewal Proposal dated January 21, 2005,
is contained in a set of eleven bound volumes. In accordance with the City's direction, we
submit an original and four copies (55 volumes in all). We also submit 5 copies of 3 CDs
containing electronic versions of most of the documents submitted (a few exhibit documents
were not available electronically). The requested executive summary is located behind tab II in
Volume 1. Much of the information submitted is highly confidential in nature. We have marked
confidential information as such on the hard copies and those documents must be treated in
accordance with the existing Confidentiality Agreement between Mediacom and the City and as
confirmed by letter of Eric Breisach to Rick Ellrod on March 18, 2005.
Mediacom has responded completely to each request put forth in the City's RFRP. Much
of the information requested by the various forms in the RFRP is not within the proper scope of
the City's renewal deliberations pursuant to 47 D.S.C. ~546(a)-(h). Mediacom, however, has no
objection to the City's consideration of the additional information including that submitted by
Mediacom on the enclosed forms and exhibits, particularly to the extent such information serves
to further document that Mediacom has met the City's needs and interests in light of the costs as
required by 47 U.S.C. ~546(c)(l)(d).
Mediacom respectfully disagrees with the suggestion in the City's RFRP that the City has
the "right to reject a nonconforming application." Mediacom has invested significant time,
money and effort to fully conform with the labyrinth of requests contained in the RFRP as
evidenced by our II-volume submission. Note that we have also appended behind Tab IX of
Volume 1, a two-page table that cross-references each RFPR requirement to our RFP response
sections. Pursuant to 47 D.S.C. ~546(a)-(h), the City may not simply reject this application as
non-conforming, rather Mediacom is entitled to a substantive evaluation of this renewal
proposal.
Moreover, the City can only deny Mediacom's franchise renewal based only upon an
adverse finding with respect to one or more of the four factors set forth in 47 D.S.C. ~546(c)(l):
Mediacom Communications Corporation
3033 Asbury Road. P.O. Box 119' Dubuque, IA 52001-8459' 563.557.8020. Fax: 563.557.7413
Office of the City Clerk
March 21, 2005
Page 2
(a). Mediacom has substantially complied with the material terms of the existing
franchise and with applicable law;
(b). Mediacom has provided reasonable quality service, in light of community needs,
including signal quality, response to consumer complaints and billing practices,
but without regard to the mix or quality of cable services or other services
provided over the system;
(c). Mediacom has the financial, legal, and technical ability to provide the services,
facilities and equipment set forth in its proposed Franchise Agreement; and
(d). Mediacom's proposal is reasonable to meet the future cable-related needs and
interests identified by the City, taking into account the costs of meetings such
needs and interests.
Although in its RFRP the City attempts to leave the door open to ask questions or to seek
further information from Mediacom, in accordance with the provisions of 47 D.S.C. ~546(c)(l)
Mediacom looks forward to the City's decision regarding the renewal of Mediacom's franchise
within the federally-mandated four-month period ending July 25, 2005, regardless of any
questions raised or further information sought by the City prior to that date.
Please let me know if you have any questions.
.~v.e.r..y .t.ru ly yo.ur. s,
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Kat een McMullen
General Manager .
MCC Iowa, LLC
cc: Michael Van Milligen, City Manager, City of Dubuque
Merrill Crawford, Franchise Administrator, City of Dubuque
Barry Lindahl, City Attorney, City of Dubuque
Rick Ellrod, Miller & Van Eaton
Bruce Gluckman, Mediacom Communications Corp.
Charles King, Mediacom Communications Corp.
Eric Breisach, Fleischman and Walsh
Sharon Monahan, Fleischman and Walsh