(a) The terms used in this chapter shall have the following meanings:
(1) “Act” means the Metropolitan Extension Telecommunications Rights-of- Way Oversight Act (Public Act No. 48 of 2002), as amended from time to time.
(2) “Council” means the Village Council of the Village of Franklin or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the Council.
(3) “Permit” means a non-exclusive permit issued pursuant to the Act and this chapter to a telecommunications provider to use the public rights-of- way in the Village for its telecommunications facilities.
(4) “Village” means the Village of Franklin.
(5) “Village Administrator” means the Village Administrator or his or her designee.
(b) All other terms used in this chapter shall have the same meaning as defined or as provided in the Act, including without limitation the following:
(1) “Authority” means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.
(2) “MPSC” means 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.
(3) “Person” means an individual, corporation, partnership, association, governmental entity, or any other legal entity.
(4) “Public Right-of-Way” means 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.
(5) “Telecommunication Facilities” or “Facilities” means 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.
(6) “Telecommunications Provider,” “Provider” and “Telecommunications Services” mean those terms as defined in Section 102 of the Michigan Telecommunications Act, Public Act No. 179 of 1991, being M.C.L.A. 484.2102. “Telecommunications 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 chapter only, a “provider” also includes all of the following:
A. A cable television operator that provides a telecommunications service.
B. Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way.
C. A person providing broadband internet transport access service.
(Ord. 2002-07. Passed 11-11-02.)