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(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)
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)
ADMINISTRATION AND ENFORCEMENT
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)
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)
(A) The township hereby declares that its policy and intent in adopting this chapter 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 township 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 § 93.15(C) of this chapter;
(2) Allowing certain previously issued permits to satisfy the permit requirements of this chapter, in accordance with § 93.15(F) of this chapter;
(3) Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in § 93.15(G) of this chapter;
(4) 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 township, in accordance with § 93.16(A) of this chapter;
(5) Notifying the MPSC when the township has granted or denied a permit, in accordance with § 93.16(A) of this chapter;
(6) Not reasonably denying an application for a permit, in accordance with § 93.16(A) of this chapter;
(7) Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 93.16(B) of this chapter;
(8) 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 § 93.16(C) of this chapter;
(9) 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 § 93.16(D) of this chapter;
(10) Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 93.17 of this chapter;
(11) Providing each telecommunications provider affected by the township’s right-of-way fees with a copy of this chapter, in accordance with § 93.35 of this chapter;
(12) Submitting an annual report to the Authority, in accordance with § 93.35 of this chapter; and
(13) Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 93.36 of this chapter.
(Prior Code, Ch. XXIX, § 17) (Ord. 1-2003, passed 5-14-2003)
Pursuant to § 15(2) of the Act, being M.C.L.A. § 484.3115(2), this chapter shall not limit the township’s right to review and approve a telecommunication provider’s access to ongoing use of a public right-of-way or limit the township’s authority to ensure and protect the health, safety and welfare of the public.
(Prior Code, Ch. XXIX, § 18) (Ord. 1-2003, passed 5-14-2003)
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