The terms used in this Ordinance shall have the following meanings:
(a) "Act" means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.
(b) "Authority" means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.
(c) "City" means the City of Howell.
(d) "City Council" means the City Council of the City of Howell or its designee. This Section does not authorize delegation of any decision or function that is required by law to be made by the City Council.
(e) "City Manager" means the City Manager or his or her designee.
(f) "MPSC" means 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.
(g) "Permit" means a non-exclusive permit issued pursuant to the Act and this Ordinance to a telecommunications provider to use the public rights-of-way in the City for its telecommunications facilities.
(h) "Person" means an individual, corporation, partnership, association, governmental entity or any other legal entity.
(i) "Public Right-of-Way" means 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.
(j) "Telecommunication Facilities or Facilities" means 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 telecommunication services or signals. Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in Section 322(d) of Part I of Title III of the Communications Act of 1934, Chapter 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.
(k) "Telecommunications Provider, Provider and Telecommunications Services" means those terms as defined in Section 102 of the Michigan Telecommunications Act, Act 179 of the Public Acts of 1991, being M.C.L.A. Section 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 Section 332(d) of Part I of the Communications Act of 1934, Chapter 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 Ordinance 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 telecommunication facilities located within a public right-of-way.
(3) A person providing broadband internet transport access service.
(Ord. 739. Passed 3-24-03.)