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The purposes of this subchapter are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of- way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002) (“Act”), Public Act 48 of 2002, being M.C.L.A. §§ 484.3101 et seq., and other applicable law, and to ensure that the village qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(1984 Code, § 8-11-010)
(A) Generally. For the purpose of this subchapter, 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), as amended from time to time.
PERMIT. A non-exclusive permit issued pursuant to the Act and this subchapter to a telecommunications provider to use the public rights-of-way in the village for its telecommunications facilities.
VILLAGE. The Village of Holly.
VILLAGE COUNCIL. The Village Council of the Village of Holly 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.
VILLAGE MANAGER. The Village Manager or his or her or her designee.
(B) Definitions as provided in the Act. All other terms used in this subchapter 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, being M.C.L.A. § 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 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 § 332(d) of pt. I 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.
(a) Those terms as defined in § 102 of the State Telecommunications Act, Public Act 1991 of 179, being M.C.L.A. § 484.2102.
(b) Telecommunication 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 pt. I 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.
(c) For the purpose of the Act and this subchapter only, a PROVIDER also includes all of the following:
1. A cable television operator that provides a telecommunications service;
2. Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way; and
3. A person providing broadband internet transport access service.
(1984 Code, § 8-11-030)
(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 telecommunications facilities shall apply for and obtain a permit pursuant to this subchapter.
(B) Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with Public Act 48 of 2002, being M.C.L.A. § 484.3106(1). A telecommunications provider shall file one copy of the application with the Village Clerk-Treasurer, one copy with the Village Manager, 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 Public Act 48 of 2002, being M.C.L.A. § 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 contain trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 to 15.246, pursuant to Public Act 48 of 2002, being M.C.L.A. § 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 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 Manager 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 Manager. 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 Public Act 48 of 2002, being M.C.L.A. § 484.3106(2).
(F) Previously-issued permits. Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3105(1) of the Act, authorizations or permits previously issued by the village under § 251 of the State Telecommunications Act, Public Act 48 of 2002, being M.C.L.A. §§ 484.3101 et seq., and authorizations or permits issued by the village to telecommunications providers prior to the 1995 enactment of § 251 of the State Telecommunications Act, but after 1985 shall satisfy the permit requirements of this subchapter.
(G) Existing providers.
(1) Pursuant to Public Act 48 of 2002, being M.C.L.A. § 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 such date, that has not previously obtained authorization or a permit under § 251 of the State Telecommunications Act, Public Act 179 of 1991, being 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 Public Act 48 of 2002, being M.C.L.A. § 484.3105(3), a telecommunications provider submitting an application under this division (G) is not required to pay the $500 application fee required under division (D) above.
(2) 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 Public Act 48 of 2002, being M.C.L.A. § 484.3105(4)
(1984 Code, § 8-11-040)
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