The purpose of this article is to regulate and provide a permitting
process for the deployment of small wireless communications facilities
in conformance with the Small Wireless Communication Facilities Deployment
Act, Act No. 365 of the Public Acts of 2018, as amended (the "Act")
and the FCC Declaratory Ruling and Third Report and Order entitled
"Accelerating Wireless and Wireline Broadband Deployment by Removing
Barriers to Infrastructure Investment" (the "Order"). In doing so,
the City wishes to ensure the reasonable and fair control and management
of public rights-of-way, support new technology, avoid interference
with right-of-way use, and protect the public, health, safety, and
welfare.
Unless the context clearly indicates otherwise, words and phrases
used in this article shall have the same meanings as ascribed to them
in the Act.
Permits issued under this article shall be subject to the following
conditions:
A. Before commencing installation of a small cell wireless facility, the permittee shall provide the City with certificates of insurance satisfying the coverage requirements specified in Section
18-74 above.
B. If deemed appropriate for a particular installation, the City Manager
may require a bond to be provided prior to installation for one or
more of the following purposes:
1. For the removal of abandoned or improperly maintained small cell
wireless facilities, including those that the City determines should
be removed to protect public health, safety, or welfare.
2. To repair the right-of-way.
3. To recoup rates or fees that have not been paid by a wireless provider
in more than 12 months, if the wireless provider has received sixty-sixty-day
advance notice from the City of the noncompliance.
C. A wireless provider is responsible for arranging and paying for the
electricity used to operate the small cell wireless facility.
D. The City may revoke the permit, upon 30 days' notice and an opportunity to cure, if the permitted small cell wireless facilities and any associated utility pole is in such a state that it does not satisfy the approval criteria in Section
18-75.
E. Fees.
1. For each utility pole or wireless support structure in a City right-of-way
on which a wireless provider has installed a small cell wireless facility,
the permittee shall pay a fee in the following amounts:
b. $125 per year, if the utility pole or wireless support structure
was erected by or on behalf of the wireless provider on or after the
effective date of the Act. This subdivision does not apply to the
replacement of a utility pole that was not designed to support small
cell wireless facilities.
2. Every five years after the effective date of the Act, the fee amounts
shall automatically increase by 10%, rounded to the nearest dollar.
F. A permittee shall complete collocation of the small cell wireless
facility within one year after the permit is granted. Permits shall
be deemed void after one year if the installation is not complete.
G. Before discontinuing its use of a small cell wireless facility, utility
pole, or wireless support structure, a wireless provider shall notify
the City in writing. The notice shall specify when and how the wireless
provider intends to remove the small cell wireless facility, utility
pole, or wireless support structure. When discontinuance occurs, the
wireless provider shall return the property to its preinstallation
condition. If the wireless provider does not complete the removal
within 45 days after the discontinuance of use, the City may complete
the removal and assess the costs of removal against the wireless provider.
A permit issued under this article shall be deemed terminated upon
removal of the small cell wireless facility.
The City reserves the right to amend and or terminate this ordinance
and all related permits, agreements, policies and procedures undertaken
in furtherance thereof if a court of competent jurisdiction rules
that any material provision of the Act or the Order fail to comply
with applicable federal or Michigan laws, including but not limited
to the state or federal constitution.