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(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
A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the village without first obtaining a construction or engineering permit as required for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this subchapter does not give a telecommunications provider a right to use conduit or utility poles.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the village, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the village. The route maps should be in paper format unless and until the Commission determines otherwise, in accordance with Section 6(8) of the Act.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the village, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
In addition to the non-refundable application fee paid to the village set forth in § 111.03(D), a telecommunications provider with telecommunications facilities in the village's public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
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