Cable Franchise Amend Ord.
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MEMORANDUM
May 31,2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Cable Franchise Amendment Ordinance
Cable TV Coordinator Craig Nowack recommends City Council approval of the First
Amendment to Cable Franchise Agreement between the City of Dubuque, Iowa and
MCC Iowa, LLC
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(ltf C~~
Mictlael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Craig Nowack, Cable TV Coordinator
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MEMORANDUM
FROM:
Michael C. Van Milligen, City Manager
Craig Nowack, Cable TV Coordinator CiJ
TO:
DATE:
May 31,2006
RE:
Cable Franchise Amendment Ordinance
INTRODUCTION
The purpose of this memorandum is to recommend that the City Council pass an
ordinance approving the First Amendment To Cable Franchise Agreement Between The
City of Dubuque, Iowa and MCC Iowa, LLC.
BACKGROUND
On June 5,2005, a 15-year Cable Franchise Agreement went into effect between the
City of Dubuque and Mediacom. One of the provisions of the Franchise Agreement
calls for the construction of a city-wide Institutional Network, or I-Net.
After reviewing Mediacom's plans for constructing the I-Net in February 2006, the City
and Mediacom identified some changes to the Franchise Agreement with regard to the
I-Net that would benefit both parties. Over the next few months these changes were
finalized and presented to City Council in the form of an amendment to the Franchise
Agreement. On May 15, 2006, the City Council unanimously approved the Amendment.
Subsequently, an original Amendment document signed by Mayor Roy D. Buol was
mailed to Mediacom's headquarters in New York for their official signature. Today I
received the Amendment back from Mediacom; it has been signed by Bruce Gluckman,
Mediacom Vice-President, Legal & Regulatory Affairs. Now that both parties have
signed the Amendment, an ordinance must be passed to make it the law. City Attorney
Barry Lindahl has drafted such an ordinance and it is attached.
RECOMMENDED ACTION
I respectfully request that the attached ordinance be forwarded to City Council to
receive, file, and approve.
CN
Attachment
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 DUbuque IA 52001 563583-4113
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.
Ann E. Michalski, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, 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 Hay , 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:
(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
detenmine 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 1-
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 1-
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
r
. 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 Drive (six strands
of fiber returning to City Hall Annex); and
. University of Dubuque Flight School (six strands of fiber
returning to the University of Dubuque).
(c) The following sites shall have a total of 12 strands of fiber optic
cable returning to City Hall Annex:
. Fire Training Facility, 1100 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.
MCC IOWA, LCC
By:
BY:~~ ]L~
It, ~~~ ~o"~
Roy D.
ATTEST:~ ~~
If:e~~ c~s~~:puty City
Clerk
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