Section
Access to and Use of Rights-of-Way for Telecommunications Facilities
90.001 Purpose
90.002 Conflict
90.003 Definitions
90.004 Permit required
90.005 Permit issuance
90.006 Construction or engineering permit
90.007 Conduit or utility poles
90.008 Route maps
90.009 Damage; restoration
90.010 Maintenance fee
90.011 Modification of existing fees
90.012 Disposition of funds; annual report
90.013 Cable television operators
90.014 Existing rights
90.015 Compliance with Act
90.016 Reservation of powers
90.017 Civil infraction citation; authorized officials
Use of Rights-of-Way; Construction
90.030 Structures in rights-of-way; permit required
90.031 Permit application
90.032 Proof of insurance; indemnification
90.033 Work; city requirements apply; fees
90.034 Noncompliance; cease and desist order; appeal
Driveway Culverts
90.050 Driveway or other obstruction; culvert pipe required; specifications
90.051 Construction of driveway or other obstruction; permit required; installation
90.052 Pavement without curbs; pipe installation required
90.053 Installation by city; costs of installation
Vacation of Public Ways
90.065 Intent to vacate; notice of hearing
90.066 Written objections
90.067 Vacation; recording of resolution
90.068 Easement and right of use preserved
90.069 Vacation petition; fee
Sidewalks
90.080 Snow and ice; removal required
90.081 Sidewalk and crosswalk construction; permit; regulations
Sanitary Sewer and Water Main Installation
90.095 Installation in highways; minimum requirements
90.096 Tunneling beneath roads; supplemental requirements
Appendix A: Lot Terms
90.098 Consumption of alcohol on public streets, sidewalks and parking lots; a municipal civil infraction
ACCESS TO AND USE OF RIGHTS-OF-WAY FOR TELECOMMUNICATIONS FACILITIES
The purposes of this ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Public Act 48 of 2002 (“the Act”), and other applicable law, and to ensure that the city qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(A) For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Public Act 48 of 2002, as amended from time to time.
CITY COUNCIL. The City Council of this city, or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the City Council.
MAYOR. The Mayor of this city, or his or her designee.
PERMIT. A non-exclusive permit issued pursuant to the Act and this ordinance to a telecommunications provider to use the public rights-of-way in the city for its telecommunications facilities.
(B) All other terms used in this ordinance 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 State 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, Chapter 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, 2-way communication device.
TELECOMMUNICATIONS PROVIDER or PROVIDER. A person or an affiliate of the person each of which for compensation provides 1 or more telecommunication services.
TELECOMMUNICATIONS SERVICES or SERVICES. Services regulated or unregulated, offered to customers for the transmission of 2-way interactive communication and associated uses. A TELECOMMUNICATION SERVICE is not a public utility service.
(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 telecommunications facilities shall apply for and obtain a permit pursuant to this ordinance.
(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 1 copy of the application with the City Clerk, 1 copy with the Mayor, and 1 copy with the City Attorney. Upon receipt, the City Clerk shall make 2 copies of the application and distribute a copy to the Director of the Department of Public Works and the Treasurer of the city. 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.
(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 - 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 1-time nonrefundable application fee in the amount as set by the City Council, and amended by resolution from time to time.
(E) Additional information. The Mayor may request an applicant to submit additional information which the Mayor deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for the additional information established by the Mayor. If the city and the applicant cannot agree on the requirement of additional information requested by the city, the city 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 city under § 251 of the State Telecommunications Act, Public Act 179 of 1991, § 251, being M.C.L.A. § 484.2251, and authorizations or permits issued by the city to telecommunications providers prior to the 1995 enactment of § 251 of the State Telecommunications Act but after 1985, shall satisfy the permit requirements of this ordinance.
(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 State Telecommunications Act, Public Act 179 of 1991, § 251, being M.C.L.A. § 484.2251, shall submit to the city an application for a permit in accordance with the requirements of this ordinance. Pursuant to § 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the application fee required under subsection (D) above. A provider under this subsection 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.
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