(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 article.
(B) Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with the Act. A telecommunications provider shall file 1 copy of the application with the City Clerk, 1 copy with the City Manager, and 1 copy with the City Attorney. Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the providers' existing and proposed facilities in accordance with 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 contains trade secret, proprietary, or confidential information, which is exempt from Michigan's Freedom of Information Act, Public Act 442 of 1976, § 6(5), as amended, the telecommunications provider shall prominently so indicate on the face of each map.
(D) Application fee. Except as otherwise provided by the Act, an application shall be accompanied by a 1 time nonrefundable application fee in the amount of $500.
(E) Additional information. The City Manager may request an applicant to submit such additional information which the City Manager deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the City Manager. 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 the Michigan Telecommunications Act, Public Act 179 of 1991, as amended, and authorizations or permits issued by the city to telecommunications providers prior to the 1995 enactment of the Michigan 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 such date, that has not previously obtained authorization or a permit under the Michigan Telecommunications Act, Public Act 179 of 1991, as amended, shall submit to the city an application for a permit in accordance with the requirements of this article. Pursuant to § 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the $500 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 for good cause, as provided in § 5(4) of the Act.
(1993 Code, § 58-122) (Ord. passed 11-12-2002(1))