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The various parts, sections and clauses of this Chapter are hereby declared severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Chapter shall not be affected.
(Ord. 3253, passed 9-27-1993; Ord. 3486, passed 1-28-2002)
In the event of any conflict between this Chapter and the provisions of any prior ordinance or any franchise, permit, consent agreement or other agreement with a cable operator, then the provisions of this Chapter shall control.
(Ord. 3253, passed 9-27-1993; Ord. 3486, passed 1-28-2002)
ARTICLE VIII. METROPOLITAN TELECOMMUNICATIONS ACT
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 (“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.
(Ord. 3512, passed 4-28-2003)
Statutory reference:
Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, see MCLA 484.3101 et seq.
The terms used in this ordinance shall have the following meanings:
ACT. The Metropolitan Extension Tele- communications Rights-of-Way Oversight Act, Public Act 48 of 2002, as amended from time to time.
AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Authority created pursuant to the Act.
CITY. The City of Flint.
CITY COUNCIL. The City Council of the City of Flint 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.
MPSC. The Michigan Public Service Commission in the Department of Consumers and Industry Services, and shall have the same meaning as the term “Commission” in the Act.
PERMIT. A non-exclusive 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.
PERSON. An individual, corporation, partner- ship, 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 Section 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. § 20.3, and service provided by any wireless, two-way communication device.
TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in Section 102 of the Michigan Telecommunications Act, Public Act 179 of 1991, MCLA § 484.2101. TELECOMMUNICATIONS 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 U.S.C. § 332 and further defined as commercial mobile radio service in 47 C.F.R. § 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this article only, a PROVIDER also includes all of the following:
(1) A cable television operator that provides a telecommunications service.
(2) Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way.
(3) A person providing broadband internet transport access service.
(Ord. 3512, passed 4-28-2003)
Statutory reference:
Communications Act, see 47 U.S.C. § 20.3; 47 U.S.C. § 332
Michigan Telecommunications Act, see MCLA 484.2101 et seq.
(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 Section 6(1) of the Act. A telecommunications provider shall file one copy of the application with the City Clerk, one copy with the Mayor, one copy with the City Engineer, and one copy with the Chief Legal Officer. 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 Section 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, that is exempt from public disclosure under the Freedom of Information Act, Public Act 442 of 1976, MCLA §§ 15.231 to 15.246, pursuant to Section 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 one-time nonrefundable application fee in the amount of $500.00.
(e) Additional information. The City may request an applicant to submit such additional information which the City 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. 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 Section 6(2) of the Act.
(f) Previously issued permits. Pursuant to Section 5(1) of the Act, authorizations or permits previously issued by the City under Section 251 of the Michigan Telecommunications Act, Public Act 179 of 1991, MCLA § 484.2101 et seq. and authorizations or permits issued by the City to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this ordinance.
(g) Existing providers. Pursuant to Section 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 Section 251 of the Michigan Telecommunications Act, Public Act 179 of 1991, MCLA § 484.2101 et seq., shall submit to the City an application for a permit in accordance with the requirements of this ordinance. Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the $500.00 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 Section 5(4) of the Act.
(Ord. 3512, passed 4-28-2003)
Statutory reference:
Freedom of Information Act, see MCLA 15.231 et seq.
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