(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the village for its telecommunications facilities shall apply for and obtain a permit pursuant to this subchapter.
(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 Public Act 48 of 2002, being M.C.L.A. § 484.3106(1). A telecommunications provider shall file one copy of the application with the Village Clerk, one copy with the Village Manager, and one copy with the Village Attorney. Upon receipt, the Village Clerk shall make seven copies of the application and distribute a copy to each member of the Village Council. 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 Public Act 48 of 2002, being M.C.L.A. § 484.3106(5).
(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, being Public Act 442 of 1976, being M.C.L.A. §§ 15.231 et. seq., pursuant to § 6(5) of the Act, being Public Act 48 of 2002, 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 in the amount of $500.
(E) Additional information. The Village Manager may request an applicant to submit such additional information which the Village Manager 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 Village Manager. If the village and the applicant cannot agree on the requirement of additional information requested by the village, the village or the applicant shall notify the MPSC as provided in § 6(2) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3106(2).
(F) Previously issued permits. Pursuant to § 5(1) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3105(1) authorizations or permits previously issued by the village under § 251 of the State Telecommunications Act being M.C.L.A. § 484.2251, Public Act 179 of 1991, being M.C.L.A. § 484.2251 and authorizations or permits issued by the village to telecommunications providers prior to the 1995 enactment of § 251 of the State Telecommunications Act, but after 1985, shall satisfy the permit requirements of this subchapter.
(G) Existing providers. Pursuant to § 5(3) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3105(3), within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the village as of such date, that has not previously obtained authorization or a permit under § 251 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251 et seq., shall submit to the village an application for a permit in accordance with the requirements of this subchapter. Pursuant to § 5(3) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3105(3), a telecommunications provider submitting an application under this division (G) is not required to pay the $500 application fee required under division (C) 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 Public Act 48 of 2002, being M.C.L.A. § 484.3105(4).
(2005 Code, § 32.005) (Ord. 2002-06, passed 10-30-2002)
Editor’s note:
A copy of the application form mentioned as division (B) above as approved by the Commission can be obtained on the Internet at http://www.cis.state.mi.us/mpsc/comm/ rightofway/rightofway.htm