(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the township (excluding the village) for its telecommunications facilities shall apply for and obtain a permit pursuant to the Act and this chapter.
(B) Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with § 6(1) of the Act, being M.C.L.A. § 484.3106(1). A telecommunications provider shall file one copy of the application with the Township Clerk, one copy with the Township Supervisor and one copy with the Township Attorney. Applications shall be complete and include all information required by the 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 Act, being M.C.L.A. § 484.3106(5). Construction permits from the county’s Road Commission shall be obtained in addition to the permit under this chapter.
(C) Confidential information. If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contain 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 to 15.246, pursuant to § 6(5) of the Act, being M.C.L.A. § 484.3106(5), the telecommunications provider shall prominently so indicate on the face of each map.
(D) Application fee. Except as otherwise provided by the Act, the application shall be accompanied by a one-time non-refundable application fee, the amount of which shall be set by the township from time to time.
(E) Additional information. The Township Supervisor may request an applicant to submit such additional information which the Township Supervisor deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the Township Supervisor. If the township and the applicant cannot agree on the requirement of additional information requested by the township, the township or the applicant shall notify the MPSC as provided in § 6(2) of the Act, being M.C.L.A. § 484.3106(2).
(F) Previously issued permits. Pursuant to § 5(1) of the Act, being M.C.L.A. § 484.3105(1), authorizations or permits previously issued by the township under § 251 of the state’s Telecommunications Act, Public Act 179 of 1991,being M.C.L.A. § 484.2251, and authorizations or permits issued by the township to telecommunications providers prior to the 1995 enactment of § 251 of the state’s Telecommunications act, but after 1985 shall satisfy the permit requirements of this chapter.
(G) Existing providers. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), within 180 days from 11-1-2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the township as of such date, that has not previously obtained authorization or a permit under § 251 of the state’s Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2101 et seq., shall submit to the township an application for a permit in accordance with the requirements of this chapter. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), a telecommunications provider submitting an application under this division (G) is not required to pay the application fee required under division (D) above. A provider under this division (G) 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, being M.C.L.A. § 484.3105(4).
(Prior Code, § 17.004) (Ord. 02-06, passed 10-10-2002)