§ 111.081 CONDUIT OF UTILITY POLES.

   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3104(3), obtaining a permit or paying the fees required under the Act or under this subchapter does not give a telecommunications provider a right to use conduit or utility poles.

(1984 Code, § 8-11-070)

§ 111.082 ROUTE MAPS.

   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3106(7), a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the village, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the village. The route maps should be in paper format unless and until the MPSC determines otherwise, in accordance with Public Act 48 of 2002, being M.C.L.A. § 484.3106(8).

(1984 Code, § 8-11-080)

§ 111.083 REPAIR OF DAMAGE.

   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3115(5), a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the village, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.

(1984 Code, § 8-11-090)

§ 111.084 ESTABLISHMENT AND PAYMENT OF MAINTENANCE FEE.

   In addition to the non-refundable application fee paid to the village set forth in § 111.078(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 Public Act 48 of 2002, being M.C.L.A. § 484.3108.

(1984 Code, § 8-11-100)

§ 111.085 MODIFICATION OF EXISTING FEES.

   (A)   In compliance with the requirements of Public Act 48 of 2002, being M.C.L.A. § 484.3113(1), 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 to the Authority, the compliance with the requirements of Public Act 48 of 2002, being M.C.L.A. § 484.3113(4), 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 Public Act 48 of 2002, being M.C.L.A. § 484.3108.

   (B)   (1)   The village shall provide each telecommunications provider affected by the fee with a copy of this subchapter, in compliance with the requirement of Public Act 48 of 2002, being M.C.L.A. § 484.3113(4).

      (2)   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.

(1984 Code, § 8-11-110)

§ 111.086 SAVINGS CLAUSE.

   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3113(5), if Public Act 48 of 2002, being M.C.L.A. § 484.3108. is found to be invalid or unconstitutional, the modification of fees under § 111.085 shall be void from the date the modification was made.

(1984 Code, § 8-11-120)

§ 111.087 USE OF FUNDS.

   (A)   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3110(4), all amounts received by the village from the Authority shall be used by the village solely for rights-of-way related purposes.

   (B)   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 Public Act 51 of 1951, being M.C.L.A. §§ 247.651 et seq.

(1984 Code, § 8-11-130)

§ 111.088 ANNUAL REPORT.

   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3110(5), the Village Manager shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.

(1984 Code, § 8-11-140)