(A) For the purpose of this chapter, 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, Public Act 48 of 2002, being MCL 484.3101 et seq., as amended from time to time.
PERMIT. A nonexclusive 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 telecommunication facilities.
STREET ADMINISTRATOR. The Street Administrator duly appointed by resolution of the Village Council in accordance with the provisions of Public Act 51 of 1951, being MCL 247.651 et seq., or his or her designee.
VILLAGE. The Village of Grass Lake, Michigan.
VILLAGE COUNCIL. The Village Council of the Village of Grass Lake or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the VILLAGE COUNCIL.
(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.
AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority, created pursuant to Public Act 48 of 2002, § 3, being MCL 484.3103.
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.
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 telecommunications 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 § 332(d) of Part 1 of Title III of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332, and further defined as “commercial mobile radio service” in 47 C.F.R. § 20.3, and service provided by any wireless, two-way communication device.
TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in the state’s Telecommunications Act, Public Act 179 of 1991, § 102, being MCL 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 § 332(d) of Part 1 of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332, and further defined as “commercial mobile radio service” in 47 C.F.R. § 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 cable television operator that provides a telecommunications service.
(Prior Code, § 112.03) (Ord. 35, passed 4-15-2003)