[Code 1974, § 126-4]
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any controlling entity that is owned or controlled by or
is under common ownership or common control with a permittee.
As defined in § 70-155.
Effective control by whatever means exercised, such as those
described in Report and Order and Further Notice of Proposed Rule
Making in MM Docket 92-264, 8 FCC Rcd 6828 (1993) at paragraphs 22—28,
adopting broadcast transfer of control standards as then in effect.
The provision of an access line and usage within a local
calling area for the transmission of high quality two-way interactive
switched voice or data communication.
A nonexclusive permit issued pursuant to this article for
access to and ongoing use of public rights-of-way by telecommunications
providers for wires, poles, pipes, conduits, or other facilities designed
or used to provide telecommunications services. The term "permit"
does not include any other permits, licenses, or approvals required
by the Township or other governmental entities.
A telecommunications provider which has been issued a permit
pursuant to this article.
An individual, corporation, partnership, association, governmental
entity, or any other legal entity.
The surface and space above, on and below any public highway,
avenue, street, lane, alley, boulevard, concourse, driveway, bridge,
tunnel park, parkway, waterway, dock, bulkhead, wharf, pier, public
easement, right-of-way, or any other public ground or water within
or in which the Township now or hereafter holds any property interest
which, consistent with the purposes for which it was dedicated or
otherwise acquired, may be used for the purpose of constructing, operating,
and maintaining a telecommunications facility. No reference herein
or in any franchise agreement to a public right-of-way shall be deemed
to be a representation or warranty by the Township that its interest
or other right to control the use of such property is sufficient to
permit its use for such purposes, and the franchisee, licensee, or
permittee shall be deemed to acquire only those rights of a user of
property in the Township and only as the Township may have the undisputed
right and power to give.
Refers to a person that provides one or more telecommunications
services for hire which are carried in whole or in part by means of
the services of one or more other providers or over one or more telecommunications
facilities in the public rights-of-way in which that person lacks
a present possessory interest.
That part of a tangible facility that occupies the public
rights-of-way and is used to provide one or more telecommunications
services or to transmit telecommunications signals. The term "telecommunications
facility" includes any and all facilities used to transmit or carry
telecommunications signals.
A person who provides one or more telecommunications services
for compensation.
Regulated and unregulated services offered to customers for
the transmission of two-way interactive communication and associated
usage, including transmission by optical fiber, coaxial cable, or
any other bounded, tangible means of information in electronic or
optical form including, but not limited to, voice, video, or data.
This includes telephone service, but does not include over-the-air
broadcasts to the public at large licensed by the Federal Communications
Commission. The term "telecommunications services" does not include
one-way transmission to subscribers of video programming or other
programming services and subscriber interaction for the selection
of video programming or other programming services for which a cable
television franchise has been obtained or must be obtained from the
Township.
Facilities designed or used to provide telecommunications
services. Such facilities are tangible, bounded devices over or through
which communications are transmitted or which control or process transmissions
of communications.
The Township Board or its designee. This definition does
not authorize delegation of any decision or function that is required
by law to be made by the Township Board. In any case in which a hearing
is held pursuant to this article, the Township Board may conduct the
hearing or, in its sole discretion, may by resolution appoint a committee
or subcommittee of the board or a hearing officer to conduct the hearing
and submit a proposal for decision to it, pursuant to procedures established
by resolution.
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Cross reference: Definitions generally, § 1-2.
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[Code 1974, § 126-1]
The purpose of this article is to regulate the access to and
ongoing use of public rights-of-way by telecommunications providers
to ensure and protect the public health, safety, and welfare and to
exercise reasonable control of the public rights-of-way pursuant to
the Michigan Telecommunications Act (MCL § 484.2101 et seq.),
other state statutes, including, without limitation, § 13
of Public Act No. 368 of 1925 (MCL § 247.183), and Article
VII, § 29 of the 1963 Michigan Constitution by minimizing
disruption of the public rights-of-way by regulating the access to
and ongoing use of the public rights-of-way by telecommunications
providers and the construction, installation, operation, and use of
facilities in the public rights-of-way to provide telecommunication
services, ensuring that the Township and the public are protected
from liability for use of the public rights-of-way by telecommunication
providers, providing for the payment of nondiscriminatory permit fees
which do not exceed the fixed and variable costs of granting permits
and maintaining the rights-of-way used by telecommunications providers,
and assisting telecommunications providers in understanding the Township's
requirements for use of the public rights-of-way and providing a fair
and nondiscriminatory policy for permitting the use of the public
rights-of-way by such providers.
[Code 1974, § 126-17]
The various parts, sections, and clauses of this article are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court or administrative agency of competent jurisdiction, the remainder of this article shall not be affected thereby, except as provided in this section. If a court or administrative agency of competent jurisdiction determines, by a final nonappealable order or an order from which no appeal has been taken within the time allowed, that any right or obligation of a permittee under this article is invalid, unconstitutional, or unenforceable, then the permit shall become revocable and subject to termination without cause by either the Township or the permittee on 60 days' written notice. In the event of termination under this section by the Township, the procedures for revocation set forth in § 70-190 shall be followed. In the event of termination under this section by either the Township or the permittee, the provisions of § 70-191 for removal shall apply.
[Code 1974, § 126-16]
(a)
Nothing in this article shall be construed as a waiver of any ordinances,
codes, or regulations of the Township or the Township's right
to require permittee or persons utilizing the telecommunication system
or telecommunications services to secure appropriate permits or authorization
for such use.
(b)
The Township fully reserves its police powers to ensure and protect
the public health, safety, and welfare and fully reserves its authority
and power to amend this article at any time. The terms and conditions
of any permit shall be subject to compliance with any future amendments
of this article. The Township fully reserves its right to exercise
the reasonable control of the public rights-of-way pursuant to Article
VII, § 29 of the 1963 Michigan Constitution.
(c)
Nothing in this article or any permit shall limit any right the Township
may have to acquire by eminent domain any property of a telecommunications
provider.
(d)
Nothing in this article or any permit shall limit the authority of
the Township to impose a tax, fee, or other assessment of any kind
on any person. A telecommunications provider shall pay all fees necessary
to obtain all federal, state, and local licenses, permits, and authorizations
required for the construction, installation, maintenance, or operation
of its telecommunications system within the public rights-of-way.
[Code 1974, ch. 126, app. A]
For the purpose of § 70-182(3), the definition of "applicable gross revenues" in § 70-151, and § 70-185(b)(6), "gross revenues" means all amounts earned, received, or accrued by a permittee and its affiliates, subsidiaries, parent companies, and any person in whom the permittee has a financial interest or revenues received by the permittee from a person with whom the permittee has a revenue-producing agreement, in whatever form and from all sources which are in connection with or attributable to the permittee's telecommunications system in the Township or to the permittee's or its affiliates' provision of telecommunications services within the Township.
(1)
Gross revenues shall include, but not be limited to, all revenues
from or attributable to customers, other carriers, or third parties
whether for services, equipment, directories, publications, or otherwise.
It shall include revenues of the types generally described in the
revenue accounts of the FCC Uniform System of Accounts for Telecommunications
Companies as in effect on October 31, 1996, 47 CFR 32 subpart D, whether
or not the permittee or its affiliates are subject to such system
of accounts, including accounts 4999—5302 and any cross-referenced
accounts or subaccounts which may be established by the permittee
or its affiliates relating to the preceding account numbers. Gross
revenues shall include all services provided by a permittee or its
affiliates, whether or not subject to regulation at the federal, state
or local level for transactions with affiliates gross revenues shall
be computed in accordance with the principles set forth in 47 CFR
32.27 as in effect on October 31, 1996, including in particular 47
CFR 32.27(d), and otherwise at the fair market rate.
(2)
Gross revenues shall include all amounts received, earned, or accrued
during a period regardless of whether:
a.
Received or not in the case of amounts earned or accrued;
b.
The amounts are to be paid in cash, in trade, or by means of some
other benefit to the permittee or its affiliates;
c.
The goods or services with which the revenue is associated are provided
at cost or the revenue amount can be matched against an equivalent
expenditure;
d.
The amounts are characterized, separately identified, or accounted
as being for goods, services, or fees to be paid to units of government
or government agencies; or
e.
The amounts are initially recorded or received by the permittee or
by an affiliate.
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However, gross revenues shall exclude uncollectible accounts
during the period, computed on a fair basis consistently applied.
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(3)
Gross revenues shall be computed at the level where first received
from an entity not in any way affiliated with the permittee and shall
not be net of any operating expense, any accrual, including without
limitation, any accrual for commissions, or any other expenditure.
(4)
Revenues from customers shall be allocated to the Township based upon whether or not the location being provided service pursuant to the permit is located in the Township and not by any other allocation method. Revenues from nonswitched telecommunications services shall be allocated to the Township as set forth in § 70-156.
(5)
Revenues whose source cannot be identified with a specific customer
or Township shall be allocated to the Township based upon the percentage
of customers in the Township compared to the number of customers served
by that portion of the permittee's telecommunications system,
including portions outside the Township, to which such revenues are
reasonably attributable.
[Code 1974, ch. 126, app. A-1]
Gross revenues from nonswitched telecommunications services
shall be allocated to the Township as follows:
(1)
For purposes of this section, the term "nonswitched telecommunications
services" means the two-way transmission of high speed digital voice,
data, and, for such applications as teleconferencing, video signals
to carry interexchange traffic between long distance carrier points-of-presence,
to interconnect user locations to interexchange carrier points-of-presence,
and to interconnect user locations.
(2)
If the locations of a given customer receiving service from the permittee
are in the Township, gross revenues shall include all revenues received
from or imputed to that customer.
(3)
If any but not all of the locations of a given customer receiving
service from the permittee are in the Township, the revenues attributable
to the Township shall be computed separately for each service taken
by the customer. For each separate service taken, the revenues attributable
to the Township are all revenues received from or imputed to that
service times a fraction whose numerator is the number of locations
of the customer within the Township taking that service and whose
denominator is all the customer's locations taking that service.
(4)
If, such as with an interexchange carrier which contracts for capacity
from the permittee so as to connect with its customers through the
permittee's telecommunications system, a customer uses the permittee's
telecommunications system to connect to third parties, such third
parties shall be treated as customers or customer locations, as the
case may be, for purposes of this provision and revenue attribution
thereunder. The term "interexchange carrier" means a person who provides
interexchange telecommunications service, commonly called a long distance
carrier (Sprint, MCI, and AT&T are examples), and typically deemed
a carrier under the Federal Communications Act of 1934 or amendments
thereto.
(5)
The different services taken by customers shall correspond with the
classes of service offered by the permittee.
(6)
Examples of the preceding computations are as follows:
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Example 1
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A customer leases a 56 kbps data channel for $5,000 per month
which serves or may be accessed by one customer location each in Municipality
A, Municipality B, and Municipality C. $1,666 per month is gross revenues
from Municipality A (1/3 x $5,000).
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Example 2
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A customer leases three T-1 telephone lines at $400 per month
to connect to MCI. Gross revenues from Municipality A are computed
separately for each line as follows:
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The first connects a location in Municipality B to an MCI point
of presence in Municipality A. $200 per month is the gross revenues
from Municipality A for this service (1/2 x $400).
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The second connects a location in Municipality A to the same
MCI point of presence. AR $400 is gross revenues from Municipality
A for this service.
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The third connects a location in Municipality C to a different
MCI point of presence, located in Municipality D. There are no gross
revenues from Municipality A for this service, but there would be
gross revenues of $200 each in Municipality C and Municipality D.
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Example 3
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Sprint, an interexchange (long distance) carrier, leases a large
amount of capacity from the permittee for $50,000 per month so that
persons desiring to use its services may connect with it directly
and not have to go through the local Ameritech central office. 16
customers take advantage of this service, comprising 42 locations,
of which 28 locations are in Municipality A. Sprint's point of
presence is also in Municipality A. $41,667 is gross revenues from
Municipality A as follows:
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$25,000 (half of the $50,000) is included because all the circuits
(wherever the customer is located) connect to the point of presence
in Municipality A; i.e., each customer circuit is composed of two
locations (one at the customer, one at Sprint), one of which is in
Municipality A.
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$16,667 (28/42 of $25,000) because the other half of the $50,000
is attributable to the specific customer locations being connected
to Sprint, of which 28 out of 42 are in Municipality A.
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