§ 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)

§ 111.089 CABLE TELEVISION OPERATORS.

   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3113(6), the village shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband internet transport access services.

(1984 Code, § 8-11-150)

§ 111.090 EXISTING RIGHTS.

   Pursuant to Public Act 48 of 2002, being M.C.L.A. § 484.3104(2), except as expressly provided herein with respect to fees, this subchapter shall not affect any existing rights that a telecommunications provider or the village may have under a permit issued by the village or under a contract between the village and a telecommunications provider related to the use of the public rights-of-way.

(1984 Code, § 8-11-160)

§ 111.091 COMPLIANCE.

   (A)   The village hereby declares that its policy and intent in adopting this subchapter is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose.

   (B)   The village shall comply in all respects with the requirements of the Act, including, but not limited to, the following:

      (1)   Exempting certain route maps from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 to 15.246, as provided in § 111.078(C); and

      (2)   Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 111.083(F).

   (C)   Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in accordance with § 111.078(G);

   (D)   Approving or denying an application for a permit within 45 days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the village, in accordance with § 111.079(A);

   (E)   Notifying the MPSC when the village has granted or denied a permit, in accordance with § 111.079(A);

   (F)   Not unreasonably denying an application for a permit, in accordance with § 111.079(A);

   (G) Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 111.079(B);

   (H)   Limiting the conditions imposed on the issuance of a permit to the telecommunications provider’s access and usage of the public right-of-way, in accordance with § 111.079(C);

   (I)   Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider’s access and use, in accordance with § 111.079(D);

   (J)   Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 111.080;

   (K)   Providing each telecommunications provider affected by the village’s right-of-way fees with a copy of this subchapter, in accordance with § 111.085;

   (L)   Submitting an annual report to the Authority, in accordance with § 111.088; and

   (M)   Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 111.089.

(1984 Code, § 8-11-170)