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(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)
(A) Approval or denial of a wireline permit.
(1) The authority to approve or deny an application for a wireline permit is hereby delegated to the City Manager. Pursuant to § 15(3) of the METRO Act, the City Manager shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 113.04(B) of this chapter for access to a public right-of-way within the city.
(2) Pursuant to § 6(6) of the Act, the City Manager shall notify the MPSC when the City Manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The City Manager shall not unreasonably deny an application for a permit.
(B) Approval or denial of a wireless permit. The authority to approve or deny an application for a wireless permit is hereby delegated to the City Manager. Pursuant to § 15 of the Small Wireless Act, the City Manager shall approve or deny an application within 60 days from the date a telecommunications provider files an application for a proposed collocation of a small cell wireless facility, subject to the adjustments provided in § 15(h). Denial of an application may only be for a reason listed in § 15(i) of the Small Wireless Act.
(C) Form of METRO Act permit. If an application for a METRO Act permit is approved, the City Manager shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with §§ 6(1), 6(2) and 15 of the METRO Act.
(D) Conditions. Pursuant to § 15(4) of the Act, the City Manager may impose conditions on the issuance of a permit which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
(E) Bond requirement for wireline facility. Pursuant to § 15(3) of the METRO Act, and without limitation on division (C) above, the City Manager may require that a bond be posted by the telecommunications provider as a condition of the permit for a wireline facility. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
(F) Bond requirement for wireless facility. Pursuant to § 33 of the Small Wireless Act, and without limitation on division (C) above, the City Manager may require that a bond be posted by the telecommunications provider as a condition of the permit for a wireless facility. The purpose of the bond must be either to remove abandoned or improperly maintained small cell wireless facilities, to repair the right-of-way, or to recoup rates or fees that are more than 12-months delinquent following 60-days advance notice. A cash bond is not required unless the wireless provider has failed to obtain or maintain a bond required by § 33 or has defaulted or failed to perform on a bond previously given to the city. The bond requirement shall not exceed $1,000 per small cell wireless facility.
(G) Fee requirement for a wireless facility. Pursuant to § 13(3) of the Small Wireless Act, the City Manager shall require an annual fee of $20 for each existing utility pole or wireless support structure in the public right-of-way on which the provider has collocated a small cell wireless facility. If the utility pole or wireless support structure was erected by or on behalf of the wireless provider on or after March 12, 2019, the City Manager shall require an annual fee of $125.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)
A telecommunications provider shall not commence construction upon, over, across or under the public rights-of-way in the city without first obtaining a construction or engineering permit as required under Chapter 98 of this code, as amended, for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)
Pursuant to § 4(3) of the METRO Act, obtaining a permit or paying the fees required under the Act or under this chapter does not give a wireline telecommunications provider a right to use conduit or utility poles.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)
Pursuant to § 6(7) of the METRO Act, a wireline telecommunications provider shall within 90 days after the substantial completion of construction of new telecommunications facilities in the city submit route maps showing the location of the telecommunications facilities to both the MPSC and to the city. The route maps should be in paper and electronic format unless and until the MPSC determines otherwise, in accordance with § 6(8) of the METRO Act.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)
(A) Pursuant to § 15(5) of the METRO Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the city, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.
(B) Pursuant to § 13(10) of the Small Wireless Act, wireless providers must repair all damage to the right-of-way directly caused by their activities while occupying, constructing, installing, mounting, maintaining, modifying, operating, or replacing small cell wireless facilities in the right-of-way. If the provider fails to return the right-of-way to its functional equivalent before the damage within 10 days after written notice, the City may make those repairs and charge the wireless provider the reasonable, documented cost of the repairs.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)
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