Skip to code content (skip section selection)
Compare to:
CHAPTER 101: TELECOMMUNICATIONS PROVIDERS’ USE OF RIGHTS-OF-WAY
Section
   101.01   Definitions
   101.02   Purpose
   101.03   Permit required
   101.04   Issuance of permit
   101.05   Construction/engineering permit
   101.06   Conduit or utility poles
   101.07   Route maps
   101.08   Repair of damage
   101.09   Establishment and payment of maintenance fee
   101.10   Modification of existing fees
   101.11   Savings clause
   101.12   Use of funds
   101.13   Annual report
   101.14   Cable television operators
   101.15   Existing rights
   101.16   Compliance
   101.17   Reservation of police powers
   101.18   Authorized city officials
 
   101.99   Penalty
§ 101.01 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002), as amended from time to time.
      CITY COUNCIL. The City Council of the City of Inkster. This section does not authorize delegation of any decision or function that is required by law to be made by the City Council.
      CITY MANAGER. The City Manager or his or her designee.
      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 city for its telecommunications facilities.
   (B)   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:
      AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.
      MPSC. The Michigan Public Service Commission in the Department of Consumer and Industry Services, and the term “Commission” in the Act.
      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 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 332(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 CFR 20.3, and service provided by any wireless, two-way communication device.
      TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in Section 102 of the Michigan Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2102. TELECOMMUNICATIONS 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 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 CFR 20.3, and 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 telecommunication facilities located within a public right-of-way; and
         (3)   A person providing broadband internet transport access service.
(Ord. 795, passed 10-21-02)
§ 101.02 PURPOSE.
   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 Act and other applicable law, and to ensure that the city qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(Ord. 795, passed 10-21-02)
Loading...