(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 chapter.
(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 one copy of the application with the City Clerk, one copy with the City Manager and one 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 provider’s 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 contain trade secret, proprietary or confidential information, which is exempt from the state’s Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 et seq., as amended, pursuant to § 6(5) of the Act, being M.C.L.A. § 484.3106(5), 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 one 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, being M.C.L.A. § 484.3106(2).
(F) Previously issued permits. Pursuant to § 5(1) of the Act, being M.C.L.A. § 484.3105(1), authorizations or permits previously issued by the city under the state’s Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. §§ 484.2101 et seq., as amended, and authorizations or permits issued by the city to telecommunications providers prior to the 1995 enactment of the state’s Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. §§ 484.2101 et seq. but after 1985 shall satisfy the permit requirements of this chapter. With the exception of fee provisions, which are now covered by Public Act 48 of 2002, all provisions of the ordinance effective February 13, 1998 shall remain in full force and effect with regard to telecommunications providers that obtained permits or consent agreements prior to November 1, 2002.
(G) Existing providers. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), 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 state’s Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. §§ 484.2101 et seq., as amended, shall submit to the city an application for a permit in accordance with the requirements of this chapter. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), a telecommunications provider submitting an application under this division (G) is not required to pay the $500 application fee required under division (D) above. A provider under this division (G) 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, being M.C.L.A. § 484.3105(4).
(Prior Code, § 7.123) (Ord. effective 11-1-2002)