(A) For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002), being M.C.L.A. §§ 484.3101 through 484.3120, as amended from time to time.
PERMIT. A nonexclusive permit issued pursuant to the Act and this subchapter to a telecommunications provider to use the public rights-of-way in the village for its telecommunications facilities.
VILLAGE. The Village of Birch Run.
VILLAGE COUNCIL. The Village Council of the Village of Birch Run or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the Village Council.
VILLAGE MANAGER. The Village Manager or his or her designee.
(B) All other terms used in this subchapter shall have the same meaning as defined or as provided in the Act, including without limitation, the following:
AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to § 3 of the Act.
MPSC. The Michigan Public Service Commission in the Department of Consumer and Industry Services and shall have the same meaning as the term Commission in the Act.
PERSON. An individual, corporation, partnership, association, governmental entity or any other legal entity.
PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, alley, easement or waterway. PUBLIC RIGHT-OF-WAY does not include a federal, state or private right-of-way.
TELECOMMUNICATION FACILITIES or FACILITIES. The equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes and sheaths, which are used to or can generate, receive, transmit, carry, amplify or provide telecommunication services or signals. TELECOMMUNICATION FACILITIES or FACILITIES do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in § 332(d) of part I of Title III of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332 and further defined as commercial mobile radio service in 47 C.F.R. pt. 20.3, and service provided by any wireless, two-way communication device.
TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in § 102 of the Michigan Telecommunications Act, Public Act 179 of 1991, M.C.L.A. § 484.2102 (as amended by P.A. 235 of 2005). TELECOMMUNICATION PROVIDER does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in § 332(d) of part I of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332 and further defined as commercial mobile radio service in 47 C.F.R. pt. 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this subchapter only, a PROVIDER also includes all of the following:
(a) A cable television operator that provides a telecommunications service;
(b) Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way; and
(c) A person providing broadband internet transport access service.
(Ord. 02-03, passed 1-27-2003)