EDITOR'S NOTE: This chapter, formerly “Telecommunications and Utility Right-of-Way Permits”, was repealed and replaced as “Telecommunications” by Ordinance 2002-29, passed October 15, 2002.
869.01 Purpose.
869.02 Conflict.
869.03 Terms defined.
869.04 Permit required.
869.05 Issuance of permit.
869.06 Construction/engineering permit.
869.07 Conduit or utility poles.
869.08 Route maps.
869.09 Repair of damage.
869.10 Establishment and payment of maintenance fee.
869.11 Modification of existing fees.
869.12 Savings clause.
869.13 Use of funds.
869.14 Annual report.
869.15 Cable television operators.
869.16 Existing rights.
869.17 Compliance.
869.18 Reservation of police powers.
869.19 Severability.
869.20 Authorized city officials.
869.21 Effective date.
869.99 Penalty.
CROSS REFERENCES
Private utilities generally - see CHTR. Ch. 15
Occupancy of streets by cable television franchises - see B.R. & T. 809.14
Electric utility franchises generally - see B.R. & T. Ch. 818
Telecommunications systems generally - see B.R. & T. Ch. 870
Excavations in streets - see S.U. & P.S. Ch. 1020
The purposes of this chapter are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002) (the "Act") and other applicable law, and to ensure that the City qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(Ord. 2002-29. Passed 10-15-02.)
The terms used in this chapter shall have the following meanings or shall have the same meaning as defined or as provided in the Act, including without limitation the following:
(a) “Act.” The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.
(b) “City.” The City of Wayne.
(c) “City Council.” The City Council of the City of Wayne, or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the City Council.
(d) “City Manager.” The City Manager of the City of Wayne or their designee.
(e) “Permit.” A non-exclusive permit issued pursuant to the Act and this chapter to a telecommunications provider to use the public rights-of-way in the City for its telecommunications facilities.
(f) “Authority.” The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.
(g) “MPSC.” The Michigan Public Service Commission in the Department of Consumer and Industry Services, and shall have the same meaning as the term "Commission" in the Act.
(h) “Person.” An individual, corporation, partnership, association, governmental entity, or any other legal entity.
(i) “Public right-of-way.” The area on, below, or above a public roadway, highway, street, alley, easement or waterway. “Public right-of-way” does not include a Federal, State, or private right-of-way.
(j) “Telecommunication facilities” or “Facilities.” The equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals. “Telecommunication facilities” or “facilities” do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in Section 332(d) of Part I of Title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 USC 332, and further defined as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.
(k) “Telecommunications provider,” “Provider” and “Telecommunications services.” Those terms as defined in Section 102 of the Michigan Telecommunication Act, 1991 PA 179, M.C.L. 484.2102. “Telecommunication provider” does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in Section 332(d) of Part I of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 USC 332, and further defined as commercial mobile radio service in 47 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this chapter only, a provider also includes all of the following:
(1) A cable television operator that provides a telecommunications service;
(2) Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way.
(3) A person providing broadband internet transport access service.
(Ord. 2002-29. Passed 10-15-02.)
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