ACT. The Uniform Video Services Local Franchise Act, being Act 480 of the Public Acts of 2006, MCLA §§ 484.3301 and following, as amended from time to time.
CABLE OPERATOR. Shall have the same meaning as in the Act.
CLAIMS. Shall have the meaning set forth in § 15-90(a).
FACILITIES. The lines, equipment and other facilities of a permittee which use or occupy the public right-of-way in the delivery of video services in municipality.
FRANCHISE AGREEMENT. The franchise agreement entered into or possessed by a video service provider with municipality as required by Section 3(1) of the Act, if it is the standardized, uniform form of franchise agreement established by the MPSC.
MANAGER. Municipality’s Mayor or his designee.
METRO ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being Act 48 of the Public Acts of 2002, MCLA §§ 484.3101 and following.
METRO ACT PERMIT. A permit to use the public right-of-way issued by municipality under Chapter 15 of the municipality’s Code of Ordinances, which implements the Metro Act, after a provider’s application for same to municipality.
METRO AUTHORITY. Shall have the same meaning as “authority” in the Metro Act.
MPSC. The Michigan Public Service Commission, and shall have the same meaning as the term “Commission” in the Act and the Metro Act.
MUNICIPALITY. The City of Flint.
PERMITTEE. A video service provider without a currently valid Metro Act permit but with either (a) a preexisting agreement, or (b) a currently valid franchise agreement.
(1) Upon applying to municipality for and then obtaining a Metro Act permit from municipality, a video service provider is not a
PERMITTEE and is no longer required to comply with this ordinance. A video service provider is also not a PERMITTEE and is not required to comply with this ordinance if it and municipality enter into a voluntary franchise agreement as described in § 15-94(b) of this ordinance.
PERSON. An individual, corporation, association, partnership, governmental entity, or any other legal entity.
PREEXISTING AGREEMENT. A cable television franchise predating the effective date of the Act, January 1, 2007, which has not expired or been terminated.
PUBLIC RIGHT-OF-WAY. Shall have the same meaning as in the Act.
STREET CONSTRUCTION AND STREET RESURFACING. Shall have the meanings set forth in § 15-89(i) of this ordinance.
VIDEO SERVICE. Shall have the same meaning as in the Act.
VIDEO SERVICE PROVIDER. Shall have the same meaning as in the Act, and shall include an “incumbent video provider” as referred to in Section 5(2) of the Act.
(Ord. 3760, passed 11-23-2009)
Statutory reference:
Definitions, see 47 U.S.C. 522
Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, see MCLA 484.3101 et seq.
Uniform Video Services Local Franchise Act, see MCLA 484.3301 et seq.