(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Mount Pleasant.
CITY COMMISSION. The City Commission of the City of Mount Pleasant or its designee. This chapter 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.
METRO ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002), as amended from time to time. A copy of the METRO Act and application and permit forms currently approved by the MPSC can be obtained on the Internet at: http://www.cis.state.mi.us/mpsc/c omm/rightofway/rightofway.htm.
PERMIT. A non-exclusive permit issued pursuant to the METRO or Small Wireless Acts and this chapter to a telecommunications provider to use the public rights-of-way in the city for its telecommunications facilities.
SMALL WIRELESS ACT. The Small Wireless Communications Facilities Deployment Act (Public Act 365 of 2018, M.C.L.A. §§ 460.1301 et seq.), as amended from time to time. A copy of the Small Wireless Act can be obtained on the Internet at:
(B) All other terms used in this chapter shall have the same meaning as defined or as provided in the METRO Act, including without limitation the following:
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.
PUBLIC RIGHT-OF-WAY. The area, 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 § 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.
TELECOMMUNICATION PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in § 102 of the METRO Act, 2002 PA 48, being M.C.L.A. § 484.3102. 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 47 CFR 20.3 or service provided by any wireless, two-way communication device. For the purpose of this chapter only, a PROVIDER also includes all of the following:
(a) A cable television operator that provides a telecommunications service;
(b) Except as otherwise provided by the METRO or Small Wireless Acts, a person who owns telecommunication facilities located within a public right-of-way;
(c) A person providing broadband internet transport access service.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)