Cable Franchise Agree AMENDMENT
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MEMORANDUM
October 30, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Revised Cable Franchise Agreement Amendment
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.
This month staff became aware of situations with some of the sites designated to be
connected to the I-Net where it makes sense to delay their connection beyond the
December 2006 construction completion deadline mandated in the Franchise
Agreement.
Cable TV Coordinator Craig Nowack recommends City Council approval of the Second
Amendment to Cable Franchise Agreement between the City of Dubuque, Iowa and
MCC Iowa. LLC to allow some flexibility in determining I-Net connection deadlines on a
case-by-case basis.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Craig Nowack. Table TV Coordinator
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MEMORANDUM
TO:
FROM:
DATE:
Michael C. Van Milligen, City Manager
Craig Nowack, Cable TV Coordinator C rJ
October 24, 2006
RE:
Revised Cable Franchise Agreement Amendment
INTRODUCTION
The purpose of this memorandum is to recommend that the City Council pass an ordinance
approving the Second 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.
This month we became aware of situations with some of the sites designated to be connected to
the I-Net where it makes sense to delay their connection beyond the December 2006
construction completion deadline as mandated in the Franchise Agreement. For two of these,
the Fire Training Facility and Federal Building, the racks where the fiber will be routed within the
building are not yet installed, and Information Services Manager Chris Kohlmann would prefer
not to purchase them so far ahead of the time when they'll actually be used. And in the case of
the Federal Building, until the architectural drawings are finalized and approved, Chris is
hesitant to terminate fiber in one location only to have to move it at a later date. Additionally,
Project Manager Steve Brown informs me that general construction and renovations currently
underway at the Grand Opera House make this a problematic time to install the fiber optic
cable. Their contractor has closed the alley west of the building to stage operations in the
location where trenching must occur to install the I-Net cable. Furthermore, Alliant has plans to
do its own trenching in the same location in the spring. At that time, Mediacom and Alliant will
coordinate their work so as to minimize the disruption in the alley. In the attached letter from
Mediacom dated October 18, 2006, Area Manager Kathy McMullen indicates Mediacom's
willingness to postpone these two connections until 2007.
The Cable Franchise Agreement amendment that we are proposing would allow some flexibility
in determining connection deadlines on a case-by-case basis. If agreed to in writing, the City-
under the authority of the City Manager - and Mediacom may extend the deadline for
connecting specific sites on the I-Net. Otherwise, the Franchise Agreement's original deadline
of eighteen (18) months after the Effective Date of the Franchise shall remain in force.
RECOMMENDED ACTION
I respectfully request that the attached ordinance be forwarded to City Council to receive, file,
and approve.
CN
Attachments
Cc: Randy Gehl, Public Information Officer
Barry Lindahl, City Attorney
Cable TV Regulatory Commission
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO.68-06
APPROVING THE SECOND 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 Second 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 Second Amendment to Cable Franchise Agreement
attached hereto is hereby approved.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 6thdayof November, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Jeanne F. Schneider, City Clerk
.
SECOND AMENDMENT
TO CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
MCC IOWA, LLC
This Second Amendment to Cable Franchise Agreement dated for
reference purposes the _ day of , 2006, is made and entered into
by and between the City of Dubuque, Iowa and MCC Iowa, LLC.
Section 6(h)(2)(K) of the Cable Franchise Agreement is amended to read
as follows:
(K) The Grantee shall begin construction of the I-Net within three
months after the Effective Date. Unless otherwise agreed to
in writing by the City Manager and Grantee, Grantee shall
complete construction of the I-Net plant by the end of eighteen
(18) months after the Effective Date.
CITY OF DUBUQUE, IOWA
MCC IOWA, LCC
By:
By:
Roy D. Buol, Mayor
Its
ATTEST:
Jeanne F. Schneider, City Clerk
:
Media-com)
October 18,2006
Craig Nowack
Franchise Administrator
City of Dubuque
1300 Main St.
Dubuque, Iowa 52001
Dear Craig,
At the City of Dubuque's request Mediacom mutually agrees to postpone the
I-Net connection of the Federal Building and The Grand Opera House to 2007.
Due to the boring of the streets that is needed to run our fiber, these two locations
will be activated next year when other utility work is being completed.
If you have any questions, please give me a call at 557-8025.
<:,,:.
llii: 'Ix \1\ il
Kat een McMullen ~
Area
Mediacom
Mediacom Communications Corporation
3033 Asbury Road' P.O. Box 119' Dubuque, IA 52001-8459 . 563'557'8020 . Fax: 563 557-74[3
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MILLER
& VAN
P. L. L. C.
EATON
C r ('L:c. r.:" TTHEW C. AMES
kNNETH A. BRUNETTI"
FREDERICK E. ELLROD III
MARCI L. FRISCHKORN
WILLIAM L. LOWERY
NICHOLAS P. MILLER
MATTHEW K. SCHETTENHELM
JOSEPH V AN EATON
* Admitted to Practice in
California Only
1155 CONNECTICUT AVENUE, N.W.
SUITE 1000
WASHINGTON, D.C. 20036-4320
TELEPHONE (202) 785-0600
FAX (202) 785-1234
OF COUNSEL:
JAMES R. HOBSON
GERARD L. LEDERER
WILLIAM R. MALONE
JOHN F. NOBLE
NANNETTE M. WINTERt
MILLER & V AN EATON, L.L.P.
400 MONTGOMERY STREET
SUITE 501
SAN FRANCISCO, CALIFORNIA 94104-1215
TELEPHONE (415)477-3650
FAX (415) 477-3652
t Admitted to Practice in
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WWW.MILLERVANEATON.COM
October 19,2006
City of Dubuque, Iowa
Attn: Mr.Craig Nowack
Cable TV Coordinator
1300 Main Street (City Hall Annex)
Dubuque, IA 52001
, ,
Dear~
Miller & Van Eaton prides itself on its cost-effective, quality legal service. We try to hold our rates
and expenses well below the level of other comparable quality law fIrms. Nevertheless, we do annually
review and consider adjusting our rates as described in our retainer letter. Effective October I, 2006, Miller
& Van Eaton will implement a billing rate adjustment. You will observe the increase in our November bills
for October services. Of course, to the extent that we have agreed to perform work for you within certain
budget limits, the rate increase will not affect those limits.
Miller & Van Eaton is thankful for the opportunity to serve you. We appreciate your confidence in
us, as illustrated by your continuing use of our services. From our inception, we have had the dual goal of
offering high-quality legal services at reasonable billing rates. Most of our clients have substantial
telecommunications and cable television concerns but limited budgets. We believe you, and our other
clients, must have access to cost-effective legal services of the same quality available to the traditional
telecommunications and cable operators. We attempt to offer our clients a very high value-added for the
services we render. We believe our record of representation on your behalf speaks for itself. Thank you for
your continuing support.
Should you have questions or concerns, please contact me.
Very truly yours,
MILLER & VAN EATON, P.L.L.C.
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By
Frederick E. Ellrod III