[Added 8-2-2017 by Ord.
No. 1693; amended 3-2-2022 by Ord. No. 1814]
(a)
The City of Holland, acting by and through its Holland Board of Public
Works ("HBPW") provides "broadband internet access transport services,"
as such term is defined in Act No. 49 of the Public Acts of 2002 (effective
November 1, 2002), MCLA § 484.3101 et seq. ("Act").
(b)
Before December 31, 2001, the HBPW owned and operated telecommunications
facilities within the City of Holland and Holland Township that provided
broadband internet access transport service through the HBPW's
separate fiber optic loop and spurs and through a fiber optic loop
and spurs installed jointly with AT&T prior to December 31, 2001.
(c)
Prior to December 31, 2001, the HBPW provided telecommunications
services to several customers for compensation using its broadband
internet access transport facilities.
(d)
Based on the above, the HBPW is exempt from the provisions of MCLA
§ 484.3114(1).
(e)
Prior to November 1, 2005, the HBPW owned and operated telecommunications
facilities within the City and within other public entities'
boundaries and provided telecommunications services to customers both
in and outside the City.
(f)
Prior to November 1, 2005, the HBPW and City conducted a cost/benefit
analysis ("business plan") and public hearings on the HBPW business
plan for providing broadband internet access transport services to
third parties and conducted a hearing on the business plan.
(g)
The HBPW and City have also secured METRO Act permits (Metropolitan
Extension Telecommunications Rights-of-Way Oversight Act, Act No.
48 of the Public Acts of 2002[1]) from the City and neighboring communities in connection
with its utilization of public rights-of-way for provision of such
third-party services since 2003.
[1]
Editor's Note: See MCLA § 484.3101 et seq.
(h)
As a consequence of the HBPW's pre-existing telecommunication
services and extraterritorial location of such services prior to November
1, 2005, limitations within Michigan's Telecommunications Act,
MCLA § 484.2252, restricting extraterritorial services are
not applicable to the HBPW and City.
(i)
In 2016, the HBPW prepared an updated business plan that projected
revenue, capital expenses and operating and maintenance expenses for
at least three years for the buildout and provision of broadband services
(the "business plan"). The business plan identified and disclosed
the total projected direct costs of, and the revenues to be derived
from, constructing the telecommunication facilities to provide broadband
services directly and through a broadband internet access transport
service to third parties throughout the City and outside the City.
(j)
After a public hearing, the business plan was approved by the HBPW's
Board of Directors and the City Council.
(k)
The City Charter, Sections 12.3 and 12.15, reserves to the City the
power "to construct, own, operate, improve, enlarge, extend, repair
and maintain, either within or without its corporate limits" public
utilities.
(l)
In order to recognize the value and utility of existing broadband
internet access transport services facilities and systems installed
and operated by the City of Holland, both within and outside the City,
and to promote the public health, safety, morals, general welfare,
security, prosperity and contentment of the City and its residents,
the City does provide authorization by this article for construction
and operation of infrastructure needed to provide broadband services
and third-party access to broadband internet access transport services
within or without its corporate limits.
[Added 8-2-2017 by Ord.
No. 1693]
[Added 8-2-2017 by Ord.
No. 1693; amended 3-2-2022 by Ord. No. 1814]
Before undertaking substantial revisions or expansions to the
broadband system or business plan, an updated business plan shall
be provided to and be approved by the City Council. Incremental expansions
covered by an approved business plan shall not require an update.
[Added 8-2-2017 by Ord.
No. 1693]
The City shall operate its broadband services, including but
not limited to dark fiber leasing, active Ethernet, shared gigabit,
and Internet access for wholesale or retail to commercial or residential
customers, as part of its electric utility, operated by the Holland
Board of Public Works.
[Added 8-2-2017 by Ord.
No. 1693]
(a)
The broadband services shall include, but not be limited to, dark
fiber leasing, active Ethernet, shared gigabit, and Internet access
for wholesale or retail to commercial or residential customers.
(b)
Prior to providing any commercial or residential service to a customer
who is not the owner of the property at which new service is being
provided, the customer shall obtain, and provide the City with, the
property owner's written consent.
(c)
No customers shall allow their tenants, licensees or landlord, or
other person to use services in any manner inconsistent with the agreed
scope of property owner's authorization or the HBPW's terms of service
for the account for such services.
(d)
No customer shall allow their tenants, licensees, landlord, or other
person to use or share their service or passwords in any manner inconsistent
with property owner's authorization or the HBPW's terms of service
for the account for such services.
(e)
No person shall obtain or use commercial or residential service over
or through the HBPW's broadband system without the permission of the
HBPW and compliance with the HBPW's rules of account.
(f)
A violation of this section of this article shall be a violation of the City Code and punishable as a misdemeanor pursuant to Section 1-10 of the Holland City Code. Nothing in this section shall be construed to limit the remedies available to the City in the event of a violation by a person of this section of this article.
[Added 8-2-2017 by Ord.
No. 1693; amended 3-2-2022 by Ord. No. 1814]
(a)
User charges shall be levied to defray the costs of operation, maintenance,
and replacement of the broadband services. Bond proceeds and other
sources of funds, including but not limited to grants and user fees,
as approved by the City Council, will be used to defray the capital
costs and debt retirement.
(b)
The City Council of the City shall establish rates for the use of
and the connection to broadband services based on the advice and recommendation
of the HBPW.
(c)
The City Council of the City shall amend rates from time to time
as may be necessary to support continued operation of the broadband
services in a manner consistent with the business plan and terms of
this article.
(d)
The City may also adopt charges and fees by resolution, which shall
include:
(1)
Fees for reimbursement of costs of setting up and operating broadband
services;
(2)
Fees for monitoring, inspection and surveillance procedures, including
the cost of reviewing monitoring reports;
(3)
Fees for permit applications, including the cost of processing such
applications;
(4)
Fees for filing appeals;
(5)
Fees for removal of broadband internet access services;
(6)
Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this chapter and are separate from all other fees chargeable by
the City.
[1]
Editor's Note: Former Section 7-69, Compliance with METRO
Act, added 8-2-2017 by Ord. No.
1693, was repealed 3-2-2022 by Ord. No. 1814.
[Added 8-2-2017 by Ord.
No. 1693]
The various parts, sentences, paragraphs, sections, and clauses
of this article are hereby declared to be severable. If any part,
sentence, paragraph, section, or clause of this article is adjudged
unconstitutional or invalid by a court or administrative agency of
competent jurisdiction, the unconstitutionality or invalidity shall
not affect the constitutionality or validity of any remaining provisions
of this article.
