A. ACT PERMIT VILLAGE VILLAGE COUNCIL
The terms used in this article shall have the following meanings:
The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.[1]
A nonexclusive permit issued pursuant to the Act and this article to a telecommunications provider to use the public rights-of-way in the Village for its telecommunications facilities.
The Village of Michiana.
The Village Council of the Village of Michiana or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the Village Council.
[1]
Editor's Note: See MCLA § 484.3101 et seq.
B. AUTHORITY MPSC PERSON PUBLIC RIGHT-OF-WAY TELECOMMUNICATIONS FACILITIES or FACILITIES TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES
All other terms used in this article shall have the same meaning as defined or as provided in the Act, including without limitation the following:
The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.[2]
The Michigan Public Service Commission in the Department of Consumer and Industry Services; shall have the same meaning as the term "Commission" in the Act.
An individual, corporation, partnership, association, governmental entity, or any other legal entity.
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.
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 1 of Title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. § 332 and further defined as "commercial mobile radio service" in 47 CFR 20.3, and service provided by any wireless, two-way communication device.
Those terms as defined in Section 102 of the Michigan Telecommunications Act, P.A. 1991, No. 179, MCLA § 484.2102. "Telecommunications provider" does not include a person or an affiliate of that person when providing a federally licensed "commercial mobile service" as defined in Section 332(d) of Part 1 of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. § 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 article only, a provider also includes all of the following;
[2]
Editor's Note: See MCLA § 484.3105.