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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.)
(a) Permit Required. Except as otherwise provided in the Act, 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. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with Section 6(1) of the Act. A telecommunications provider shall file five copies of the application with the City Clerk. Upon receipt, the City Clerk shall make copies of the application and distribute a copy to the City Attorney, the City Engineer, the Public Works Director and the City Manager. 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 Section 6(5) of the Act.
(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, 1976 PA 442, M.C.L.A. 15.231 to 15.246, pursuant to Section 6(5) of the Act, 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 five hundred dollars ($500.00).
(e) Additional Information. The City Manager or City Engineer may request an applicant to submit such additional information which the City Manager or City Engineer 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 City Manager or City Engineer. 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 Section 6(2) of the Act.
(f) Previously Issued Permits. Pursuant to Section 5(1) of the Act, authorizations or permits previously issued by the City under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, M.C.L.A. 484.2251 and authorizations or permits issued by the City to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this chapter.
(g) Existing Providers. Pursuant to Section 5(3) of the Act, 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 City as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, 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 Section 5(3) of the Act, a telecommunications provider submitting an application under this division is not required to pay the five hundred dollar ($500.00) application fee required under division (d) of this section. 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 Section 5(4) of the Act.
(Ord. 2002-29. Passed 10-15-02.)
(a) Approval or Denial. The authority to approve or deny an application for a permit is hereby delegated to the City Manager. Pursuant to Section 15(3) of the 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 Section 869.04(b) for access to a public right-of-way within the City. Pursuant to Section 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 the permit was granted or denied. The City Manager shall not unreasonably deny an application for a permit.
(b) Form of Permit. If an application for 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 Sections 6(1), 6(2) and 15 of the Act.
(c) Conditions. Pursuant to Section 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.
(d) Bond Requirement. Pursuant to Section 15(3) of the Act, and without limitation on division (c) of this section, the City Manager may require that a bond be posted by the telecommunications provider as a condition of the permit. 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.
(Ord. 2002-29. Passed 10-15-02.)
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 by this chapter, as amended, for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit. However, if inspections are necessary for construction of any nature other than relative to the Act, then and in that event the City may charge its ordinary permit fees.
(Ord. 2002-29. Passed 10-15-02.)
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