(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the village for its telecommunications facilities shall apply for and obtain a permit pursuant to this subchapter.
(B) Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with § 6(1) of the Act. A telecommunications provider shall file one copy of the application with the Village Clerk, one copy with the Village Manager and one copy with the Village Attorney. Applications shall be complete and include all information required by the Act, including without limitation, a route map showing the location of the provider's existing and proposed facilities in accordance with § 6(5) of the Act 2.
(C) Confidential information. If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contain trade secret, proprietary or confidential information, which is exempt from the Freedom of Information Act, Public Act 442 of 1976, M.C.L.A. §§ 15.231 to 15.246, pursuant to § 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.
(D) Application fee. Except as otherwise provided by the Act, the application shall be accompanied by a one time non-refundable application fee in the amount of $500.
(E) Additional information. The Village Manager may request an applicant to submit the additional information which the Village Manager deems reasonably necessary or relevant. The applicant shall comply with all the requests in compliance with reasonable deadlines for the additional information established by the Village Manager. If the village and the applicant cannot agree on the requirement of additional information requested by the village, the village or the applicant shall notify the MPSC as provided in § 6(2) of the Act.
(F) Previously issued permits. Pursuant to § 5(1) of the Act, authorizations or permits previously issued by the village under § 251 of the Michigan Telecommunications Act, Public Act 179 of 1991, M.C.L.A. § 484.2251 (as amended by P.A. 235 of 2005) and authorizations or permits issued by the village to telecommunications providers prior to the 1995 enactment of § 251 of the Michigan Telecommunications Act but after 1985, shall satisfy the permit requirements of this subchapter.
(G) Existing providers. Pursuant to § 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the village as of the date, that has not previously obtained authorization or a permit under § 251 of the Michigan Telecommunications Act, Public Act 179 of 1991, M.C.L.A. § 484.2251 (as amended by P.A. 235 of 2005), shall submit to the village an application for a permit in accordance with the requirements of this subchapter. Pursuant to § 5(3) of the Act, a telecommunications provider submitting an application under this section is not required to pay the $500 application fee required under division (D) above. A provider under this division shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in § 5(4) of the Act.
(Ord. 02-03, passed 1-27-2003)