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In addition to the nonrefundable application fee paid to the City set forth in § 15-65(d), a telecommunications provider with telecommunications facilities in the City’s public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.
(Ord. 3512, passed 4-28-2003)
In compliance with the requirements of Section 13(1) of the Act, the City hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the Authority. In compliance with the requirements of Section 13(4) of the Act, the City also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the City’s boundaries, so that those providers pay only those fees required under Section 8 of the Act. The City shall provide each telecommunications provider affected by the fee with a copy of this article, in compliance with the requirement of Section 13(4) of the Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, such imposition is hereby declared to be contrary to the City’s policy and intent, and upon application by a provider or discovery by the City, shall be promptly refunded as having been charged in error.
(Ord. 3512, passed 4-28-2003)
Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under § 15-72 shall be void from the date the modification was made.
(Ord. 3512, passed 4-28-2003)
Pursuant to Section 10(4) of the Act, all amounts received by the City from the Authority shall be used by the City solely for rights-of-way related purposes. In conformance with that requirement, all funds received by the City from the Authority shall be deposited into the Major Roads Fund and/or the Local Route Fund maintained by the City under Public Act 51 of 1951.
(Ord. 3512, passed 4-28-2003)
Statutory reference:
State Trunk Line Highway System, see MCLA 247.651 et seq.
Pursuant to Section 13(6) of the Act, the City shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband internet transport access services.
(Ord. 3512, passed 4-28-2003)
Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this ordinance shall not affect any existing rights that a telecommunications provider or the City may have under a permit issued by the City or under a contract between the City and a telecommunications provider related to the use of the public rights-of-way.
(Ord. 3512, passed 4-28-2003)
The City hereby declares that its policy and intent in adopting this ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The City shall comply in all respects with the requirements of the Act, including but not limited to the following:
(a) Exempting certain route maps from public disclosure under the Freedom of Information Act, Public Act 442 of 1976, MCLA §§ 15.231 to 15.246, as provided in § 15-65(c) of this ordinance;
(b) Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 15-65(f) of this ordinance;
(c) Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500.00 application fee, in accordance with § 15-65(g) of this ordinance;
(d) Approving or denying an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the City, in accordance with § 15-66(a) of this ordinance;
(e) Notifying the MPSC when the City has granted or denied a permit, in accordance with § 15-66(a) of this ordinance;
(f) Not unreasonably denying an application for a permit, in accordance with § 15-66(a) of this ordinance;
(g) Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 15-66(b) of this ordinance;
(h) Limiting the conditions imposed on the issuance of a permit to the telecommunications provider’s access and usage of the public right-of-way, in accordance with § 15-66(c) of this ordinance;
(i) Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider’s access and use, in accordance with § 15-66(d) of this ordinance;
(j) Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 15-67 of this ordinance;
(k) Providing each telecommunications provider affected by the City’s right-of-way fees with a copy of this article, in accordance with § 15-72 of this ordinance;
(l) Submitting an annual report to the Authority, in accordance with § 15-75 of this ordinance; and
(m) Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 15-76 of this ordinance.
(Ord. 3512, passed 4-28-2003)
Statutory reference:
Freedom of Information Act, see MCLA 15.231 et seq.
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