Section
Rights-of-Way
111.01 Purpose
111.02 Definitions
111.03 Permit required
111.04 Issuance of permit
111.05 Construction/engineering permit
111.06 Conduit or utility poles
111.07 Route maps
111.08 Repair of damage
111.09 Establishment and payment of maintenance fee
111.10 Modification of existing fees
111.11 Savings clause
111.12 Use of funds
111.13 Annual report
111.14 Cable television operators
111.15 Existing rights
111.16 Compliance
111.17 Reservation of police powers
111.18 Authorized village officials
111.99 Penalty
Cross-reference:
Streets and sidewalks, see Ch. 93
RIGHTS-OF-WAY
The purposes of this subchapter 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 (Act No. 48 of the Public Acts of 2002) ("Act") and other applicable law, and to ensure that the village qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(Ord. 41, passed 11-8-02)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.
AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.
MPSC. The Michigan Public Service Commission in the Department of Consumer 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 subchapter to a telecommunications provider to use the public rights-of-way in the village for its telecommunications facilities.
PERSON. An individual, corporation, partnership, 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 CFR 20.3, and service provided by any wireless, two-way communication device.
TELECOMMUNICATION PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in Section 102 of the Michigan Telecommunications Act, 1991 PA 179, M.C.L.A. §484.2102. Telecommunication 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 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this subchapter 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.
VILLAGE. The Village of Fowler.
VILLAGE COUNCIL. The Village Council of the Village of Fowler or its designee. This subchapter does not authorize delegation of any decision or function that is required by law to be made by the Village Council.
(Ord. 41, passed 11-8-02)
(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public right-of-way in the village for its telecommunications facilities shall apply for and obtain a permit pursuant to this subchapter.
(B) Application. Telecommunication 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 Village Clerk, one copy of the Village Council or President and one copy with the Village 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 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, which is exempt from the Freedom of Information Act, 1976 PA 442, M.C.L.A. §§15.231 through 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 non-refundable application fee in the amount of $500.
(E) Additional information. The Village Manager may request an applicant to submit such additional information which the Village Council 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 Village Council. If the village and the applicant cannot agree on the requirement of additional information requested by the village, the village 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 village under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, M.C.L.A. §484.2251 and authorizations or permits issued by the village 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 subchapter.
(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 public right-of-way in the village as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, M.C.L.A. §484.2251, shall submit to the village an application for a permit in accordance with the requirements of this subchapter. Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application under this division is not required to pay the $500 application fee required under division (D) above. A provider under this division 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. 41, passed 11-8-02) Penalty, see § 111.99
(A) Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the Village Council. Pursuant to Section 15(3) of the Act, the Village Council shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 111.03(B) for access to a public right-of-way within the village. Pursuant to Section 6(6) of the Act, the Village Council shall notify the MPSC when the Village Council has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The Village Council shall not unreasonably deny an application for a permit.
(B) Form of permit. If an application for permit is approved, the Village Council shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Sections 6(1), 6(2) and 15 of the Act.
(C) Conditions. Pursuant to Section 15(4) of the Act, the Village Council may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider's access and usage of the public right-of-way.
(D) Bond requirement. Pursuant to Section 15(3) of the Act, and without limitation on division (C) above, the Village Council may require that a bond be posted by the telecommunication provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider's access and use.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
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