(A) Permit required. Except as otherwise provided in the Acts, a telecommunications provider using or seeking to use public rights-of-way in the city for its telecommunications facilities shall apply for and obtain a permit pursuant to this chapter.
(B) Application.
(1) Wireline telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with § 6(1) of the METRO Act. A copy of the 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/comm/rightofway/rightofway.htm.
(2) Wireless telecommunications providers shall apply for permit by notifying the local authority of the wireless provider's intent to locate a small cell wireless facility within the ROW, along with proof of other necessary permits, permit applications, or easements necessary for the proposed activity.
(3) A telecommunications provider shall file one copy of the application with the City Clerk, one copy with the City Manager, one copy with the City Attorney and one copy with the Director of Public Works.
(4) Applications for a wireline facility shall be complete and include all information required by the METRO Act, including without limitation a route map showing the location of the provider's existing and proposed facilities in accordance with § 6(5) of the METRO Act.
(C) Confidential information. If a telecommunications provider claims that any portion of the route maps submitted as part of its application contains trade secret, proprietary, or confidential information which is exempt from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 - 15.246, pursuant to § 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.
(D) Application fee. An application for a wireline facility under the METRO Act shall be accompanied by a one-time non-refundable application fee in the amount of $500. An Application for a wireless facility under the Small Wireless Act shall be accompanied by a $200 fee for each small cell wireless facility alone, or a $300 fee for each small cell wireless facility requiring a new utility pole to which it will be attached.
(E) Additional information. The City Manager may request an applicant submit additional information which the City Manager deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for additional information established by the City Manager. If the city and the applicant cannot agree on the requirement of additional information requested by the city, the city or the applicant shall notify the MPSC as provided in § 6(2) of the METRO Act.
(F) Previously issued permits. Pursuant to § 5(1) of the METRO Act, authorizations or permits previously issued by the city under § 251 of the Michigan Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251 and authorizations or permits issued by the city to telecommunications providers prior to the 1995 enactment of § 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this chapter.
(G) Existing providers. Pursuant to § 5(3) of the METRO Act, within 180 days from November 1, 2002, the effective date of the METRO Act, a telecommunications provider with facilities located in a public right-of-way in the city as of such date that has not previously obtained authorization or a permit Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251, shall submit to the city an application for a permit in accordance with the requirements of this chapter. Pursuant to § 5(3) of the METRO Act, a telecommunications provider submitting an application under this division is not required to pay the $500 application fee required under division (D) above. A provider under this division shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in § 5(4) of the Act.
(H) A provider subject to the Small Wireless Act with existing wireless facilities in the public right-of-way before March 12, 2019 shall be subject to fees, rates, and terms of the agreement or ordinance in effect at the time of their contract. After termination of an existing contract, and for all new contracts after March 12, 2019, the provisions of § 13(3) of the Small Wireless Act shall apply.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)