§ 93.20 ANNUAL MAINTENANCE FEE.

   In addition to the non-refundable application fee paid to the township set forth in § 93.15(D) of this chapter, a telecommunications provider with telecommunications facilities in the township’s public right-of-way shall pay an annual maintenance fee to the Authority pursuant to § 8 of the Act, being M.C.L.A. § 484.3108.

(Prior Code, Ch. XXIX, § 10)  (Ord. 1-2003, passed 5-14-2003)

§ 93.21 MODIFICATION OF EXISTING FEES.

   (A)   In compliance with the requirements of § 13(1) of the Act, being M.C.L.A. § 484.3113(1), the township hereby modifies, to the extent necessary, any fees charged to telecommunications providers after 11-1-2002, 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.

   (B)   In compliance with the requirements of § 13(4) of the Act, being M.C.L.A. § 484.3113(4), the township also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the township’s boundaries, so that those providers pay only those fees required under § 8 of the Act, being M.C.L.A. § 484.3108. The township shall provide each telecommunications provider affected by the fee with a copy of this chapter, in compliance with the requirement of § 13(4) of the Act, being M.C.L.A. § 484.3113(4). 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 township’s policy and intent and, upon application by a provider or discovery by the township, shall be promptly refunded as having been charged in error.

(Prior Code, Ch. XXIX, § 11)  (Ord. 1-2003, passed 5-14-2003)

§ 93.22 SAVINGS CLAUSE.

   Pursuant to § 13(5) of the Act, being M.C.L.A. § 484.3113(5), if found to be invalid or unconstitutional, the modification of fees under § 93.21 of this chapter shall be void from the date the modification was made.

(Prior Code, Ch. XXIX, § 12)  (Ord. 1-2003, passed 5-14-2003)

§ 93.23 USE OF FUNDS.

   Pursuant to § 10(4) of the Act, being M.C.L.A. § 484.3110(4), all amounts received by the township from the Authority shall be used by the township solely for rights-of-way related purposes.

(Prior Code, Ch. XXIX, § 13)  (Ord. 1-2003, passed 5-14-2003)

ADMINISTRATION AND ENFORCEMENT

§ 93.35 ANNUAL REPORT.

   The Township Clerk shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority, as required under § 10(5) of the Act, being M.C.L.A. § 484.3110(5).

(Prior Code, Ch. XXIX, § 14)  (Ord. 1-2003, passed 5-14-2003)

§ 93.36 CABLE TELEVISION OPERATORS.

   Pursuant to § 13(6) of the Act, being M.C.L.A. § 484.3113(6), the township shall not a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after 11-1-2002, 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.

(Prior Code, Ch. XXIX, § 15)  (Ord. 1-2003, passed 5-14-2003)

§ 93.37 EXISTING RIGHTS.

   Pursuant to § 4(2) of the Act, being M.C.L.A. § 484.3104(2), except as expressly provided herein with respect to fees, this chapter shall not affect any existing rights that a telecommunications provider or the township may have under a permit issued by the township or under a contract between the township and a telecommunications provider related to the use of the public rights-of-way.

(Prior Code, Ch. XXIX, § 16)  (Ord. 1-2003, passed 5-14-2003)