Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Petition of MCC Iowa LLC for Expedited ) Docket No. Declaratory Ruling Pursuant to Section ) 253(d) of the Communications Act ) MCC IOWA LLC PETITION FOR EXPEDITED DECLARATORY RULING PURSUANT TO SECTION 253 OF THE COMMUNICATIONS ACT Thomas J. Larsen Senior Vice President, Government & Public Relations Mediacom Communications Corporation One Mediacom Way Mediacom Park, NY 10918 Laura H. Phillips Qiusi Y. Newcom Faegre Drinker Biddle & Reath LLP 1500 K Street NW, Suite 1100 Washington DC 20005 202-842-8800
[email protected] [email protected] Martin J. Demoret Faegre Drinker Biddle & Reath LLP 801 Grand Avenue, 33rd Floor Des Moines, IA 50309 515-248-9000
[email protected] Counsel for MCC Iowa LLC May 12, 2021 EXECUTIVE SUMMARY Pursuant to Section 253 of the Communications Act of 1934, as amended, MCC Iowa LLC, a subsidiary of Mediacom Communications Corporation (“Mediacom”), an integrated telecommunications and broadband service provider, seeks expedited Commission review of actions by the City of West Des Moines (“City”) which grant exclusive access rights and other benefits regarding City rights-of-way (“ROW”) to a single communications provider, Google Fiber LLC (“Google Fiber”). The City’s actions will discourage new entrants and foreclose incumbent providers from effectively competing in the City, particularly in the significant number of new residential developments and commercial buildings expected to be constructed in the years ahead. In July 2020, the City announced that it intended to build an underground, citywide “Conduit Network” in its ROW financed entirely with City funds to the tune of $50 million or more, a substantial sum for a municipality of the City’s size.