(a) The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, 2002 Public Act 48, (Metro Act) regulates the granting of permits by municipalities to telecommunication companies seeking permission to install lines and other facilities in the public right-of-way effective November 1, 2002.
(b) The Metro Act will require municipalities to use application and permit forms approved by the Michigan Public Service Commission for new telecommunication companies. The Metro Act also limits fees which can be charged by municipalities to telecommunication companies for an application, permit, construction plan review or inspection and prohibits the enforcement of cable television franchises requiring payment of franchise fees on cable modem high-speed internet service.
(c) Within six months of the effective date of the Metro Act, all telecommunication companies including incumbent local exchange carriers will be required to file applications and obtain permits in all municipalities where they are using the public right-of-way. Beginning April 29, 2003, all telecommunication companies will be required to pay an annual standardized right-of-way maintenance fee to the Michigan Metro Authority for distribution only to those municipalities complying with the Metro Act's limitation on fees.
(d) A municipality is considered to be in compliance with the Metro Act's limitation on fees if it adopts a resolution or ordinance, as is necessary, effective no later than December 31, 2003, modifying fees due from telecommunication companies and provides each company with a copy of the resolution or ordinance.
(e) The Metro Act specifically provides that either house of the Legislature or the governor may request an advisory opinion from the Michigan Supreme Court as to the constitutionality of the Act. The Michigan Supreme Court has agreed to take briefs on several constitutional questions concerning the Metro Act and is expected to rule on those questions before November 1, 2002.
(f) Pursuant to Section 27 of Article VII of the Michigan Constitution of 1963 permitting the Legislature to establish metropolitan authorities and Section 29 of Article VII reserving to cities reasonable control of their highways, streets, alleys and public places and requiring the consent of said cities before a public utility may use said highways, streets, alleys or other public places, this chapter is adopted so as to permit the City of Battle Creek to comply with the Metro Act regarding applications, permits and right- of-way fees for telecommunication companies seeking permission to use public rights-of-way located with the City; that the City will comply with limitation of the Metro Act on the payment of franchise fees on cable modem service by cable television operators, reserving any rights the City may have to fees due for the period ending October 31, 2002; and to otherwise come into compliance with the Metro Act for the purpose of receiving its proportionate share of the annual standardized right-of-way maintenance fee to be distributed by the Metro Authority.
(Ord. 15-02. Passed 10-15-02.)