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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
In compliance with the requirements of Section 13 (1) of the Act, the village 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 the Authority. In compliance with the requirements of Section 13(4) of the Act, the village also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the village's boundaries, so that those providers pay only those fees required under Section 8 of the Act. The village shall provide each telecommunications provider affected by the fee with a copy of the chapter, 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 village's policy and intent, and upon application by a provider or discovery by the village, shall be promptly refunded as having been charged in error.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
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 § 111.10 above shall be void from the date the modification was made.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 10(4) of the Act, all amounts received by the village from the Authority shall be used by the village solely for rights-of-way related purposes. In conformance with that requirement, all funds received by the village from the Authority shall be deposited into the Major Street Fund and/or the Local Street Fund maintained by the village under Act No. 51 of the Public Acts of 1951.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 10(5) of the Act, the Village Council shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 13(6) of the Act, the village 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. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this subchapter shall not affect any existing rights that a telecommunications provider or the village may have under a permit issued by the village or under a contract between the village and a telecommunications provider related to the use of the public rights-of-way.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
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