(A) The city hereby declares that its policy and intent in adopting this chapter is to fully comply with the requirements of the METRO and Small Wireless Acts, and the provisions hereof should be construed in such a manner as to achieve that purpose.
(B) The city shall comply in all respects with the requirements of the METRO Act, including but not limited to the following:
(1) Exempting certain route maps from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 - 15.246, as provided in § 113.04(C) of this chapter;
(2) Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 113.04(F) of this chapter;
(3) Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee in accordance with § 113.04(G) of this chapter;
(4) Approving or denying an application for a permit within 45 days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the city, in accordance with § 113.05(A) of this chapter;
(5) Notifying the MPSC when the city has granted or denied a permit, in accordance with § 113.05(A) of this chapter;
(6) Not unreasonably denying an application for a permit, in accordance with § 113.05(A) of this chapter;
(7) Issuing a permit in the form approved by the MPSC with or without additional or different permit terms, as provided in § 113.05(B) of this chapter;
(8) Limiting the conditions imposed on the issuance of a permit to the telecommunications provider's access and usage of the public right-of-way, in accordance with § 113.05(C) of this chapter;
(9) Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider's access and use, in accordance with § 113.05(D) of this chapter;
(10) Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 113.06 of this chapter;
(11) Providing each telecommunications provider affected by the city's right-of-way fees with a copy of this chapter, in accordance with § 113.11 of this chapter;
(12) Submitting an annual report to the authority, in accordance with § 113.14 of this chapter; and
(13) Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 113.15 of this chapter.
(C) The city shall comply in all respects with the requirements of the Small Wireless Act, including but not limited to the following:
(1) Not prohibiting, regulating, or charging for the collocation of small cell wireless facilities except as provided by the Small Wireless Act.
(2) Not entering into an exclusive arrangement with any person for use of the right-of-way for the construction, operation, or maintenance of utility poles or the collocation of small call wireless facilities.
(3) Not charging a wireless provider a rate which exceeds the provisions in § 13(3) or an application fee which exceeds the provisions of § 15(3) of the Small Wireless Act.
(4) Administering and regulating the activities of wireless providers in the right-of-way in a manner that is reasonable, nondiscriminatory, and competitively neutral in compliance with applicable law.
(5) Not directly or indirectly requiring an applicant to perform services unrelated to the collocation for which a permit is sought, such as reserving fiber, conduit, or pole space for the City or making other in-kind contributions to the authority.
(6) Within 25 days of receiving an application, notifying the applicant in writing whether the application is complete. If an application is incomplete, the notice shall clearly and specifically delineate all missing documents and information.
(7) Within 10 days of receiving a supplemental submission, notifying the applicant in writing whether the application is complete.
(8) Processing application on a nondiscriminatory basis.
(9) Issuing an approval or denial of an application within 60 days after it is received, subject to the adjustments provided in § 15(h) of the Small Wireless Act.
(10) Denying an application only for reasons provided in § 15(i) of the Small Wireless Act.
(11) Issuing an approval or denial of a revised application within 30 days after it is received.
(12) Not instituting a moratorium on filing, receiving, or processing applications or issuing permits for the collocation of small cell wireless facilities or the installation, modification, or replacement of utility poles on which small cell wireless facilities may be collocated.
(13) Not requiring a permit, any other approval, or a fee or rate for the replacement of another wireless facility that is not larger or heavier than what exists, routine maintenance, or installation, placement, maintenance, operation, or replacement of a suspended micro wireless facility.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)