A federal judge has tossed Mediacom Communications’ suit against Iowa City and its municipal broadband services provider ImOn Communications.
"Although ImOn is constructing in Iowa City a system that may become capable of delivering cable programming, ImOn is not now delivering cable programming. Therefore, ImOn is not presently required to seek a cable franchise," U.S. District Cour Judge Charles Wolle said in his ruling.
In his three-page ruling, Wolle said ImOn provides Internet and phone service in Iowa City, but does not supply cable TV in that jurisdiction.
Mediacom spokesman Thomas Larsen told FierceCable that the MSO will appeal the ruling.
Mediacom sued Iowa City and ImOn, claiming a 2015 deal to create a new broadband network violates municipal code requiring a cable franchise agreement to conduct such work.
Mediacom had obtained emails indicating that ImOn had plans to introduce triple-play services in Iowa City.
"ImOn is very excited to be entering the Iowa City market with our broadband, phone and cableTV services. Preliminarily we are targeting to bring up service late this year or early first quarter of 2016," reads an email which Mediacom provided to FierceCable in May.
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