(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the city for its telecommunication facilities shall apply for and obtain a permit pursuant to this chapter.
(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, being M.C.L.A. § 484.3106(1). A telecommunications provider shall file one copy of the application with the City Clerk/Treasurer, one copy with the City Manager, and one copy with the City Attorney. Upon receipt, the City Clerk/Treasurer shall make two copies of the application and distribute a copy to City Manager and City Attorney. Application 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, being M.C.L.A. § 484.3106(5). A copy of the application form as approved by the Commission can be obtained on Internet at http://www.cis.state.mi.us/mpsc/comm/rightofway/rightofway.htm.
(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, being M.C.L.A. §§ 15.231 to 15.246, pursuant to § 6(5) of the Act, being M.C.L.A. § 484.3106(5), 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 City Manager may request an applicant to submit additional information which the City Manger deems reasonably necessary or relevant. The applicant shall comply with the request in compliance with reasonable deadlines for the additional information established by the City Manager. If the city and the applicant cannot agree on the requirements of additional information requested by the city, the city or the applicant shall notify the MPSC as provided in § 6(2), being M.C.L.A. § 151.3106(2), of the act.
(F) Previously issued permits. Pursuant to § 5(1) of the act, being M.C.L.A. § 484.3105(1), authorization or permits previously issue by the city under § 251 of the Michigan Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251 (now governed by Public Act 48 of 2002, being M.C.L.A. § 484.3115) and authorization or permits issued by the city to telecommunications providers prior to the 1995 enactment of § 251 of the Michigan Telecommunications Act, but after 1985 shall satisfy the permit issued by the city to telecommunications providers prior to 1995 enactment of § 251 of the Michigan Telecommunications Act, but after 1985 shall satisfy the permit requirements of this chapter.
(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 city as of that date, that has not previously obtained authorization or a permit under § 251 of the Michigan Telecommunications Act, 1991 Public Act 179, being M.C.L.A. § 484.2251 (now governed by Public Act 48 of 2002, being M.C.L.A. § 484.3115), shall submit the city an application for a permit in accordance with the requirements of this chapter. Pursuant to § 5(3) of the act, being M.C.L.A. § 484.3105(3), 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, being M.C.L.A. § 484.3105(4).
(Ord. 165, passed 5-12-2003; Ord. 182, § 2, passed 2-13-2012)