(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, being M.C.L.A. §§ 484.3101 to 484.3120 (Act No. 48 of the Public Acts of 2002), as amended from time to time.
CITY. The City of Marine City.
CITY COMMISSION. The City Commission of the City of Marine City 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 Commission.
CITY MANAGER. The City Manager or his or her designee.
PERMIT. 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.
(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 § 3 of the Act.
MPSC. 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.
PERSON. An individual, corporation, partnership, association, governmental entity, or any other legal entity.
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 antennae, 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 § 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 Title 47 C.F.R. § 20.3, and service provided by any wireless, 2-way communication device.
TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in § 102 of the Michigan Telecommunications Act, 1991 Public Act 179, M.C.L.A. § 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 § 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 Title 47 C.F.R. § 20.3, or service provided by any wireless, 2-way communication device. For the purpose of the Act and this chapter only, a
PROVIDER also includes all of the following:
(a) A cable television provider that provides a telecommunications service;
(b) Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way; and/or
(c) A person providing broadband internet transport access service.
(Ord. 03-02, passed - -)