(a) Except as otherwise provided in this section, this chapter shall not affect any existing rights that a provider or the City may have under an Interim Telecommunications Agreement or pursuant to an authorization or permit granted by the City to a provider pursuant to the Michigan Telecommunications Act to access and use the public rights-of-way.
(b) In conformance with the Act, a telecommunications provider, which has entered into a Interim Telecommunications Agreement with the City or pursuant to the Michigan Telecommunications Act has received City authorization or a City-issued permit to locate telecommunications facilities in a public right- of-way, shall, after October 31, 2002, be required to pay the annual maintenance fee to the Authority as required by the Act, notwithstanding any provision in any agreement, authorization or permit to the contrary.
(c) It is the intent of this section that the City should be considered to have modified any previously approved agreement, authorization or permit requiring the payment of right-of-way fees to the City so that beginning November 1, 2002, providers with telecommunication facilities in public rights-of-way within the City shall pay only those fees permitted and required pursuant to the Metro Act. It is the further intent of this section that telecommunication providers with telecommunication facilities located with a public right-of-way within the City on November 1, 2002, shall be subject to and act in conformance with the Metro Act. To the extent the City receives any fees from telecommunications providers, which are inconsistent with the Act, such are declared as contrary to the City's policy and intent and upon application by a provider or discovery by the City, shall be promptly refunded as having been received in error.
(d) The City Clerk shall mail each provider affected by this section a copy of this chapter indicating the adoption of the provisions of the Metro Act by the City.
(Ord. 15-02. Passed 10-15-02.)