(A) The terms used in this article shall have the following meanings.
ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002, being M.C.L.A. §§ 484.3101—484.3120), as amended from time to time.
CITY. The City of Charlotte.
CITY COUNCIL. The City Council of the City of Charlotte 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.
CITY MANAGER. The City Manager or his or her designee.
PERMIT. A nonexclusive permit issued pursuant to the Act and this article 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 article 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 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.
TELECOMMUNICATIONS 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, or provide telecommunications services or signals. Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters of houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in Communications Act of 1934, Chapter 652, Title III, Part I, § 332(d), 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 C.F.R. 20.3, and service provided by any wireless, two-way communication device.
TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in Michigan Telecommunications Act 1991, Public Act 179 of 1991, § 102, being M.C.L.A. § 484.2102. 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 the Communications Act of 1934, Chapter 542, Part I, § 332(d), 48 Stat. 1054, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 C.F.R. 20.3, or services provided by any wireless, two-way communication device. For the purpose of the Act and this ordinance 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;
(c) A person providing broadband internet transport access service.
(1993 Code, § 58-121) (Ord. passed 11-12-2002(1))