[Ord. No. 116,
§ 1, 1-3-2000]
This article shall be known and cited as the township telecommunications
ordinance.
[Ord. No. 116,
§ 2, 1-3-2000]
This article is adopted pursuant to and in accordance with the
authority of the township granted pursuant to the Michigan Telecommunications
Act, Act No. 216 of the Public Acts of 1995, as amended, the Telecommunications
Act of 1996, amending the Communications Act of 1934, as amended by
the Cable Act of 1992; Article VII, Section 29 of the 1963 Michigan
Constitution.
[Ord. No. 116,
§ 3, 1-3-2000]
For the purpose of this article, the following terms, phrases,
words and their abbreviations shall be interpreted in accordance with
the following definitions:
A nonexclusive limited authorization for the construction,
maintenance and operation of a telecommunication system on, under,
over or across the public rights-of-way in the township and to transact
local business thereon as further defined pursuant to the terms and
conditions of the permit. Permits shall be in the form of written
agreements granted and approved by resolution of the township board
of trustees to use the public rights-of-way of the township for fiber
optics, wires, poles, pipes, conduits, or other telecommunication
equipment.
The holder of a valid permit granted pursuant to this article,
provided such permittee is not in default pursuant to the terms and
conditions of this article or the permit issued thereto.
Any individual, firm, partnership, association, corporation,
limited liability company, company, organization or other such entity.
Any person who contracts with the permittee for, or is in
any manner provided with, telecommunication services by permittee.
Fiber optics, cables, wires, conduits, poles, access manholes,
devices and appurtenances used or to be used to provide telecommunication
services.
Includes regulated and unregulated services offering to subscribers
the transmission of two-way interactive communications and associated
usage under the Michigan Telecommunications Act of 1995, as amended.
A system used or to be used to provide telecommunications
services including public or private line video, data or voice service
to another person using or crossing a street, highway, alley, public
rights-of-way, easement, or other public place within the township.
Telecommunication systems shall not mean cable programming regulated
under the Communications Act of 1984, as amended.
The Charter Township of Chesterfield, Michigan.
[Ord. No. 116,
§ 4, 1-3-2000]
(a)
Prohibited conduct. It shall be unlawful for any person to construct,
install or operate a telecommunications system in the township without
making application and receiving a permit from the board of trustees
pursuant to this article. It shall be unlawful for any person to transact
local business on a telecommunications system or telecommunication
equipment unless the owner or operator of such system has been granted
a permit pursuant to the terms this article.
(b)
Non-exclusive permit. The township may grant one or more permits
for telecommunications services, systems or equipment within the township
subject to this article. The township specifically reserves the right
to grant, at any time, such additional permits as it deems appropriate.
Additional permits shall not be deemed to modify, revoke, terminate
or damage any rights previously granted to any other permittee.
(c)
Non-transferable. Any permit granted by the township may not be sold,
transferred, assumed, assigned or sublet in any manner either directly
or indirectly without the prior written consent of the township board
of trustees. A substantial change in ownership, either through stock
purchase, merger or consolidation shall require a reapplication for
a permit.
(d)
Other federal, state and local requirements. Nothing in this article
shall be construed as waiver of any codes, ordinances, or regulations
of the township or the township's right to require permittee or persons
utilizing the telecommunications service to secure appropriate permits
or authorizations for such use. Standard fees or charges generally
applicable to all persons for such permits or authorizations shall
also apply to permittee. Such standard fee or charge shall not be
off-set against the annual permit fee or franchise fee if permittee
is required to pay to the township. Prior to offering or providing
an telecommunications service, permittee shall obtain any and all
regulatory approvals, permits, authorizations or licenses necessary
to provide telecommunication services from the appropriate federal,
state and local authorities, and shall submit to the township upon
written request of the township, evidence of all such approvals, authorizations,
permits or licenses.
[Ord. No. 116,
§ 5, 1-3-2000]
(a)
Application required. Any person wishing to install, construct and
maintain or operate a telecommunications system or telecommunication
equipment within the township shall file a completed application on
the form provided and approved by the township. All applications for
a telecommunications permit received by the township from the applicant
will become the sole property of the township. The township reserves
the right to reject any and all applications and waive informalities
and/or technicalities where the best interest of the township may
be served.
(b)
Application fee. The applicant shall pay a non-refundable application
fee in the amount of $4,000, or an amount otherwise established by
a duly adopted resolution of the township board of trustees. This
fee shall be utilized to off set the cost of processing of the application
by the township, including review by the township engineer, township
legal counsel, and all relevant township departments.
(c)
Denial. Approval may be denied for failure to demonstrate legal,
technical, business, financial qualifications; failure to agree upon
the terms and conditions to be imposed for the use the rights-of-way
and/or if denial serves the public health, safety and welfare, as
determined by the township board of trustees.
(d)
Qualifications. In determining whether a permit shall be issued,
the township board may take into consideration, among other things,
the technical qualifications of the applicant, the financial responsibilities
of the applicant, the ability of the applicant to perform efficiently
the service for which the permit is requested, including the prior
experience, if any, of the applicant in providing telecommunication
systems or furnishing telecommunications services, the applicant's
ability to provide public, educational and governmental facilities
or financial support, the nature and scope of the applicant's proposed
system and time tables for development of the applicant's proposed
system.
(e)
Investigation. The township may make such investigations as it deems
necessary to determine the ability of the applicant to perform under
the permit agreement, and the applicant shall furnish to the township
all such information and data for this purpose as the township may
request. The township reserves the right to object to any application
if the evidence submitted by, or upon investigation of, such applicant
fails to satisfy the township that such applicant is properly qualified
to carry out the obligations of the permit and to complete the work
contemplated by the permit.
(f)
Effective date. A permit shall be effective on the date set by resolution
adopted by the board of trustees, which resolution shall approve the
written agreement containing terms and conditions pursuant to which
the permit is granted, which agreement shall be executed by the supervisor
and clerk and filed with the township clerk. Prior to the effective
date of any permit, all fees must be paid by the permittee, any bond
required must filed, insurance certificates filed and/or other requirements
of the permit must be satisfied.
[Ord. No. 116,
§ 7, 1-3-2000]
The permit required by this article shall, without limitation,
provide for the payment of compensation to the township for use of
rights-of-way, easements, streets, alley, highways, other public places,
and shall provide for the services and facilities to the township,
as public interest may require, subject to the limitation of any applicable
constitution, federal or state law. Permittee shall provide for services
and facilities to the township as public interest may require, subject
to limitation of any applicable state or federal law.
[Ord. No. 116,
§ 8, 1-3-2000]
Permittee shall file with the township clerk and township engineer
a current map and subsidiary plats showing the exact location of transmission
and distribution facilities and equipment of the system in the rights-of-way
clearly identifying what lines are owned and dedicated solely for
public use, a combination of private and public uses and solely for
private use.
[Ord. No. 116,
§ 9, 1-3-2000]
All facilities and equipment of any telecommunications system
operating with their permit within the township shall be constructed
and maintained at a state-of-the-art level in accordance with the
applicable requirements and specifications of the National Electric
Code and National Building Code; shall participate in MISS DIG and
shall comply with all applicable rules and regulations of the Michigan
Public Service Commission, Federal Communications Commission and all
other pertinent ordinances and codes of the township. No construction
shall occur which involves cutting or patching or tunneling beneath
any paved surface, whether concrete, asphalt or other pavement unless
plans have been approved by the township and any other applicable
governmental entity having jurisdiction over such paved surfaces.
[Ord. No. 116,
§ 10, 1-3-2000]
The permittee shall, at its sole cost and expense, fully indemnify,
defend and hold harmless the township, its board members, officers,
boards, commissions and employees, against any and all claims, demands,
suits, judgments, executions, liability, debt, damages or penalty
(including but not limited to expenses for reasonable legal fees and
disbursements and liabilities assumed by the township in connection
therewith) resulting from and rising out of, or alleged to arise or
result from any act or omission of the permittee in the construction,
operation, maintenance, repair or removal of the telecommunications
system and equipment or the issuance of a permit therefor.
[Ord. No. 116,
§ 11, 1-3-2000]
(a)
Required. Permittee shall at all times or for the term of the permit
carry and require contractors and subcontractors to carry public liability,
property damage, workers compensation and vehicle insurance in the
form and amounts set forth below. All insurance shall provide for
a 30 day notice to the township in the event of a material alteration
or cancellation of coverage prior to the effective date of such alteration
or cancellation. Failure to provide or maintain insurance for any
period in excess of 60 days shall render any permit issued hereunder
null and void. All insurance coverage shall be insurance carriers
reasonably acceptable to the township. Permittee and any contractor
or subcontractor hired by permittee shall procure and maintain during
the life of the permit the following coverage:
(1)
Workers compensation insurance in accordance with all applicable
statutes in the state. Coverage shall include employers' liability
coverage.
(2)
Automobile liability coverage, including Michigan no-fault coverage
for all vehicles used in the performance of the permit. Limits of
liability shall not be less than $1,000,000 per occurrence combined
single limits bodily injury and property damage.
(3)
Commercial general liability insurance on an "occurrence" basis
with limits of liability not less than $2,000,000 per occurrence for
bodily injury and personal injury, and $1,000,000 per occurrence for
property damage. Coverage shall include the following extensions:
contractual liability; products and completed operations; independent
contractors coverage; broad form general liability extensions or equivalent;
coverage for property damage from perils of explosion; collapse or
damage to underground utilities (XCU coverage).
(b)
Additional insured. The township shall be named as an additional
insured on all policies. Permittee shall provide township with a certificate
of insurance evidencing such coverage upon the effective date of the
permit and maintain on file with the township a current certificate
throughout the life of the permit.
(c)
Proof of insurance. Upon written request of the township, permittee
or any contractor or subcontractor hired by permittee, shall within
10 days of such request, supply a copy of the insurance policy of
any of the insurance required under this section.
[Ord. No. 116,
§ 12, 1-3-2000]
(a)
Required. Permittee shall, at its sole expense, obtain and maintain
during the life of the permit, a corporate surety bond with a United
States surety company authorized to do business in the state and found
acceptable by the township attorney, in the amount of $100,000 both
to guarantee the timely construction and full activation of the fiber
cable and to secure permittee's performance of its obligations and
faithful adherence to all requirements of this article and the conditions
of the permit, including property restoration upon removal of fiber
optic. Three months after completion of construction of the fiber
cable, the bond requirement shall be reduced to $50,000. Permittee
shall provide this corporate surety bond to the township at least
30 days prior to commencement of construction.
(b)
Rights reserved. The rights reserved to the township with respect
to the bond are in addition to other rights of the township, whether
reserved by this article, conditions of the permit, terms of the agreement
or authorized by law; and no action, proceeding or exercise of a right
with respect to such bond shall affect any other right the township
may have.
(c)
Required endorsement. The bond(s) shall contain the following endorsement:
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"It is hereby understood and agreed that this bond may not be
cancelled by the surety nor any intention not to renew be exercised
by the surety until 60 days after receipt by the township, by registered
mail, of written notice of such intent to cancel or not to renew."
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Receipt of the 60 day notice shall constitute a material breach
of the permit agreement, granting the township the right to call in
the bond.
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[Ord. No. 116,
§ 13, 1-3-2000]
No telecommunications system or telecommunications equipment
may be relocated or removed unless plans showing the proposed relocation
or removal are submitted and filed with the township and approved
by both the township board and township engineer. The township shall
not unreasonably refuse to approve any such relocation or removal.
Any and all rights-of-way shall be restored to substantially the same
condition which was existing prior to such relocation or removal,
within 30 days of same.
[Ord. No. 116,
§ 14, 1-3-2000]
During the life of the permit, permittee shall at all times
provide 9-1-1 emergency telephone service to all customers, including
the ability of any person dialing 9-1-1 to be automatically connected
to a public service answering point with automatic location identification
and automatic number identification.
[Ord. No. 116,
§ 14, 1-3-2000]
The township may review any such books and records belonging
to permittee during normal business hours as reasonably necessary
to monitor compliance with this article, and the permit issued hereunder
any agreement entered into with permittee. Upon written request of
the township, permittee shall supply a copy of the following reports,
within 10 days of request of same: any forms, reports or summaries
filed with the FCC, NPSC, or any other federal, state or local regulatory
agency, administrative body, court or governmental body, regarding
permittee's operation within the township; a summary of the previous
years' activities, including services begun or discontinued during
the reported year; a list of permittee's officers, members of its
board of directors and other principals of permittee; a list of stockholders,
partners or other investors, with 5% or more interest in permittee;
information regarding the number of homes where service is available
and/or potentially available, and/or the number of subscribers.
All reports, records and summaries required under this section
shall be printed at the sole expense of permittee. The willful refusal,
failure or neglect of permittee to file any reports required under
this section shall be deemed a material breach of the conditions of
the permit if such reports are not provided in substantial compliance
with this article within 30 days after written request. False or misleading
statements or representations contained in any report shall be deemed
a material breach of the conditions of the permit.
[Ord. No. 116,
§ 15, 1-3-2000]
Each permittee shall establish and maintain complaint procedures
and customer service standards. The complaint procedure and customer
service standards shall be outlined in detail in the application of
permit to use rights-of-way. Complaint procedures shall include a
method by which to timely address and resolve complaints of township
residents. Customer service standards shall include the establishment
or maintenance of a business office in the township, which is open
normal business hours, and adequately staffed accept subscriber payments
and explain bills, or a virtual office consisting of a toll free number
which subscribers may access from their home to ask questions and
register complaints. Such office must be staffed by trained personal
responding to calls and capable of timely responding to service requests
and complaints. Failure to establish or maintain complaint procedures
or customer service standards as set forth in the application is deemed
a material breach of the permit.
[Ord. No. 116,
§ 16, 1-3-2000]
Any person, who shall violate the provisions of this article
shall, upon conviction thereof, be guilty of a misdemeanor and subject
to a penalty not to exceed $500 or imprisonment in the county jail
not to exceed 90 days, or both such fine and imprisonment.
