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.