806.01 Definitions.
806.02 Purpose.
806.03 Consistent interpretation.
806.04 Applicability to permittees.
806.05 Contacts, maps and plans.
806.06 Use of public right-of-way.
806.07 Indemnification.
806.08 Insurance.
806.09 Performance bond or letter of credit.
806.10 Removal.
806.11 Different terms.
806.12 Severability.
806.13 Authorized City officials.
806.99 Penalty.
As used in this chapter, the following words and terms shall have the meanings given to them herein:
(a) "Act" shall mean the Uniform Video Services Local Franchise Act, being Act 480 of the Public Acts of 2006, M.C.L.A. 484.3301 and following, as amended from time to time.
(b) "Claims" shall have the meaning set forth in Section 806.07(a).
(c) "Facilities" shall mean the lines, equipment and other facilities of a permittee which use or occupy the public right-of-way in the delivery of video services in Municipality.
(d) "Franchise agreement" shall mean the franchise agreement entered into or possessed by a video service provider with Municipality as required by Section 3(1) of the Act, if it is the standardized, uniform form of franchise agreement established by the MPSC.
(e) "Manager" shall mean the City Manager of the City of Ionia or his or her designee.
(f) "Metro Act" shall mean the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being Act No. 48 of the Public Acts of 2002, M.C.L.A. 484.3101 and following.
(g) "Metro Act Permit" shall mean a permit to use the public right-of-way issued by Municipality under its ordinance implementing the Metro Act after a provider's application for same to Municipality as set forth in such ordinance.
(h) "Metro authority" shall have the same meaning as "Authority" in the Metro Act.
(i) "MPSC" shall mean the Michigan Public Service Commission, and shall have the same meaning as the term "Commission" in the Act and the Metro Act.
(j) "Municipality" shall mean the City of Ionia.
(k) "Permittee" shall mean a video service provider with a currently valid franchise agreement but without a currently valid Metro Act Permit.
(1) Upon applying to Municipality for and then obtaining a Metro Act Permit from Municipality, a video service provider is not a permittee and is no longer required to comply with this chapter. A video service provider is also not a permittee and is not required to comply with this chapter if it and Municipality enter into a voluntary franchise agreement as described in Section 806.11.
(l) "Person" shall mean an individual, corporation, association, partnership, governmental entity, or any other legal entity.
(m) "Public right-of-way" shall have the same meaning as in the Act.
(n) "Street construction" and "street resurfacing" shall have the meanings set forth in Section 806.06(h).
(o) "Video service" shall have the same meaning as in the Act.
(p) "Video service provider" shall have the same meaning as in the Act.
(Ord. 455. Passed 2-5-08.)
(a) Under the Uniform Video Services Local Franchise Act, video service providers may obtain a franchise to provide video services in Municipality using a standardized, uniform form of franchise agreement established by the MPSC. This form includes the right to use the public right-of-way to provide such service but does not contain right-of-way management and related provisions.
(b) Telecommunications providers who obtain such a standardized, uniform form of franchise agreement generally will have previously obtained from Municipality a permit under the Metro Act to construct and maintain their telecommunications facilities in the public right-of-way. Such Metro Act Permits set forth the terms and conditions for such right-of-way usage, standard forms of such permits were agreed to in a collaborative process between municipalities and providers that was initiated by the MPSC, and such standard forms have since been approved by the legislature and the MPSC.
(c) Because telecommunications providers typically provide video services over combined video and telecommunications facilities, such Metro Act Permits generally provide adequate public right-of-way related protections for Municipality and the public when such providers are providing video services.
(d) Other video service providers, in particular new providers or existing cable companies, may not have a Metro Act Permit issued by Municipality.
(e) The Uniform Video Services Local Franchise Act and the standardized, uniform franchise agreement require video service providers to comply with all valid and enforceable local regulations regarding the use and occupation of the public right-of-way in the delivery of video services, including the police powers of the franchising entity, and makes such right-of-way usage subject to the laws of the State of Michigan and the police powers of the franchising entity.
(f) The Uniform Video Services Local Franchise Act and the standardized, uniform franchise agreement state that franchising entities shall provide video service providers with open, comparable, nondiscriminatory and competitively neutral access to the public right-of-way, and may not discriminate against a video service provider for the authorization or placement of a video service or communications network in the public right-of-way.
(g) The Michigan Constitution reserves reasonable control of their highways, streets, alleys and public places to local units of government.
(h) The purpose of this chapter is to promote and protect the public health, safety and welfare and exercise reasonable control over the public right-of-way by regulating the use and occupation of such rights-of-way by video service providers who have a standardized, uniform franchise but who lack a Metro Act Permit from Municipality. This chapter does so by setting forth terms and conditions for such usage and occupation from the forms of Metro Act permit approved by the MPSC and approved by the legislature in Section 6(1) of the Metro Act, thus providing open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way and not discriminating against a video service provider for the authorization or placement of a video service or communications network in public right-of-way.
(Ord. 455. Passed 2-5-08.)
This chapter shall be interpreted and applied so as to be consistent with the Metro Act and corresponding provisions of the forms of Metro Act Permit approved by the MPSC, including applicable MPSC, Metro Authority and court decisions and determinations relating to same.
(Ord. 455. Passed 2-5-08.)
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