(a) The terms used in this chapter shall have the following meanings:
(1) “Act.” The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being Act No. 48 of the Public Acts of 2002, as amended from time to time.
(2) “City.” The City of Davison.
(3) “City Council.” The City Council of the City of Davison 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.
(4) “City Manager.” The City Manager or his or her designee.
(5) “Permit.” A non-exclusive permit issued pursuant to the Act and this chapter 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 chapter shall have the same meaning as defined or as provided in the Act, including without limitation the following:
(1) “Authority.” The Metropolitan Extension Telecommunications Rights- of-Way Oversight Authority created pursuant to Section 3 of the Act.
(2) “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.
(3) “Person.” An individual, corporation, partnership, association, governmental entity, or any other legal entity.
(4) “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 (ref. Section 1020.01 of these Codified Ordinances).
(5) “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 Section 332(d) of part I of title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 USC 332, and further defined as Commercial Mobile Radio Service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.
(6) “Telecommunications provider,” “Provider” and “Telecommunications services.” Those terms as defined in Section 102 of the Michigan Telecommunications Act, 1991 PA 179, MCL 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 Section 332(d) of part I of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 USC 332, and further defined as Commercial Mobile Radio Service in 47 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this chapter 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.
(Ord. 2002-06. Passed 12-9-02.)