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GENERAL PROVISIONS
The purposes of this chapter 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, the “Act,” being M.C.L.A. §§ 484.3101 et seq.) and other applicable law, and to ensure that the township qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(Prior Code, Ch. XXIX, § 1) (Ord. 1-2003, passed 5-14-2003)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (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.)
ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002, being M.C.L.A. §§ 484.3101 et seq.), as amended from time to time.
AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to § 3 of the Act, 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.
PERMIT. A non-exclusive permit issued pursuant to the Act and this chapter to a telecommunications provider to use the public rights-of-way in the township for its telecommunications facilities.
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, 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 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.
TELECOMMUNICATION PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in § 102 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2102. 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 Part 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. For the purpose of the Act and this chapter 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 telecommunications facilities within a public right-of-way; and
(3) A person providing broadband internet transport access service.
TOWNSHIP. The Township of Hopkins.
TOWNSHIP BOARD. The Township Board of Hopkins or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the Township Board.
TOWNSHIP CLERK. The Township Clerk or his or her designee.
(Prior Code, Ch. XXIX, § 3) (Ord. 1-2003, passed 5-14-2003)
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