(A) In compliance with the requirements of § 13(1) of the Act, being M.C.L.A. § 484.3113(1), the city hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the act, relating to access and usage of the public right-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the authority.
(B) In compliance with the requirements of § 13(4) of the Act, being M.C.L.A. § 484.3113(4), the city also hereby approves modification of the fees of provider’s with telecommunication facilities in public rights-of-way within the city’s boundaries, so that those providers pay only those fees required under § 8 of the Act, being M.C.L.A. § 484.3108.
(C) The city shall provide each telecommunication provider affected by the fee with a copy of this chapter, in compliance with requirements of § 13(4) of the Act, being M.C.L.A. § 484.3113(4). To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, the imposition is hereby declared to be 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 charged in error.
(Ord. 165, passed 5-12-2003; Ord. 182, § 2, passed 2-13-2012)