(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the village for its telecommunication facilities shall apply for and obtain a permit pursuant to this chapter.
(B) Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with § 6(1) of the Act, being MCL 484.3106(1). A telecommunications provider shall file one copy of the application with the Village Clerk, one copy with the Village Street Administrator and one copy with the Village Attorney. Upon receipt, the Village Clerk shall make two copies of the application and distribute a copy to the Village Building Inspector, Village Council and the Village Department of Public Works. 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 § 6(5) of the Act, being MCL 484.3106(5).
(C) Confidential information. If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contains trade secret, proprietary or confidential information which is exempt from the Freedom of Information Act, Public Act 442 of 1976, being MCL 15.231 et seq., pursuant to § 6(5) of the Act, being MCL 484.3106(5), 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 nonrefundable application fee as set out in the fee schedule in Ch. 39 of this code.
(E) Additional information. The Street Administrator may request an applicant to submit additional information which the Street Administrator deems reasonably necessary or relevant. The applicant shall comply with all the requests in compliance with reasonable deadlines for the additional information established by the Street Administrator. 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 § 6(2) of the Act, being MCL 484.3106(2).
(F) Previously issued permits. Pursuant to § 5(1) of the Act, being Public Act 48 of 2002, MCL 484.3103, authorizations or permits previously issued by the village under the Michigan Telecommunications Act, Public Act 179 of 1991, § 251, being MCL 484.2251, and authorizations or permits issued by the village to telecommunications providers prior to the 1995 enactment of § 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this chapter.
(G) Existing providers. Pursuant to § 5(3) of the Act, being MCL 484.3105(3), within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the village as of that date that has not previously obtained authorization or a permit under the Michigan Telecommunications Act, Public Act 179 of 1991, § 251, being MCL 484.2251, shall submit to the village an application for a permit in accordance with the requirements of this chapter. Pursuant to § 5(3) of the Act, a telecommunications provider submitting an application under this division (G) is not required to pay the application fee required under division (D) above. A provider under this division (G) shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in § 5(4) of the Act, being MCL 484.3105(4).
(Prior Code, § 112.04) (Ord. 35, passed 4-15-2003) Penalty, see § 112.99