[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
The organization shall be organized and operated for the following
purposes:
(a) To provide for broadband, internet, network, and telecommunications
services to the Grand Traverse Band of Ottawa and Chippewa Indians
and its enterprises and subsidiaries, and throughout GTB's six-county
service area;
(b) To assume control of and responsibility for the development, operation,
repair and maintenance of the broadband facilities and equipment,
including conduit and fiber so as to keep said facilities in good
operating condition, in accordance with accepted standards and practices;
(c) To serve the broadband, telecommunications, and network needs of
the GTB and its economic enterprises and subsidiaries;
(d) To establish service charges sufficient to sustain the proper operation,
maintenance and repair of the system, and to provide for depreciation,
and contingencies; and
(e) To collect such service charges from individuals, businesses, concerns
and establishments and any other entities served by the system.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
(a) "Broadband" means high-speed, switched telecommunications technology
that enables users to originate and receive high-quality voice, data,
graphics, and video telecommunications.
(b) "Commercial" means any building or facility which is not governmental
or residential.
(c) "Council" means the governing body of the Grand Traverse Band Tribal
Council.
(d) "GTB Department of Public Works" or "Department" is the governmental
entity that has been set up and is authorized to operate and maintain
the community facilities and to provide utility services as directed
by the Tribe.
(e) "GTB or Tribe" means the Grand Traverse Band of Ottawa and Chippewa
Indians.
(f) "GTB Fiber" is the organization established within the Department
of Public Works that is authorized to develop, operate, and maintain
broadband, fiber, and network infrastructure.
(g) "Permit" means any federal, state, tribal, or local permit, license,
certificate, approval, registration, or similar form of approval required
by policy, administrative rule, regulation, ordinance, resolution,
or statute with respect to a project.
(h) "Persons" means an individual, firm, partnership, association, organization,
corporation, or other legal entity.
(i) "Project" means the construction or deployment of wireline or wireless
communications facilities to provide communications services.
(j) "Telecommunications" means the transmission of data, information,
or communication by wire, cable, radio, optical, or electromagnetic
systems.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
(a) The affairs of the GTB Fiber shall be managed by the Broadband Director.
The Broadband Director reports to the Public Works Department Manager.
(b) The Broadband Director shall have the authority to exercise any and
all powers delegated to the utility by this ordinance or any amendments
thereto.
(c) The Broadband Director will serve as the single point of contact
in the area of broadband for state authorities including the Michigan
Department of Transportation and the Michigan Licensing and Regulatory
Affairs, county road commissions, townships and other municipalities,
GTB and its subsidiaries, commercial subscribers, and interested parties.
(d) Notwithstanding the organization's operation within the GTB
Department of Public Works, the Broadband Director and support staff
may be employees of the Economic Development Corporation.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
The Council, Tribal Manager, or Executive Assistant has the
authority to enter into agreements, contracts, and understandings
with any governmental agency, federal, state, or local or with any
person, partnership, or corporation.
(a) To purchase insurance for any property or against any risk or hazard.
(b) To establish and maintain such bank or financial accounts as may
be necessary and convenient. All financial accounts shall be fully
covered by F.D.I.C.
(c) To levy and collect reasonable fees for utilities and services, including
but not limited to monthly service charges, connection fees, penalties,
and other assessments deemed necessary by the Broadband Director and
approved by the Council.
(d) To fulfill notification system responsibilities and duties related
to the location of underground utilities, and to comply with the requirements
of the MISS DIG underground facility damage prevention and safety
act, PA 174 of 2013, MCL 460.721 et seq.
(e) To issue bills and collect payment for broadband, network, or internet
service from each individual, concern, or establishment served by
the tribally owned facilities, and to maintain records of the income,
disbursements, and expense of the operation of the systems.
(f) To apply for and secure permits necessary for the development, expansion,
maintenance and operation of GTB's fiber and related internet
service facilities.
(g) The Tribal Administration shall employ personnel to operate the broadband
facilities, establish the duties and compensation of employees, and
to pay this compensation as an operating expense of the broadband
systems.
(h) To solicit and receive assistance from the GTB accounting department
for the disbursement of monies for payment of existing and future
operation and maintenance expenses of the community broadband systems
from the broadband program account or any substitute account designated
by the Tribal Council.
(i) To prepare public notice of charge for broadband and internet service
to set the date for such charges to begin, and to send this notice
to each individual, concern, or establishment served by the broadband
systems.
(j) To pay charges, fees, and taxes imposed under the Metropolitan Extension
Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 ("METRO
Act"), as amended, and similar statute or ordinance governing
access and usage of the public right-of-way for a telecommunications
system.
(k) To promulgate regulations to implement the authority of this ordinance.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
(a) Administration.
(1)
Responsibility for operation and maintenance of the fiber broadband
systems shall be vested solely in the GTB Fiber, including the responsibility
of making necessary inspections and performing routine maintenance.
(2)
The GTB Fiber shall collect, retain and disburse all charges
and fees in accordance with the schedule of charges and fees established.
Such schedule of fees and charges may be amended or altered by the
Department in the manner provided, but such schedule and the amendments
thereto shall have no force nor effect until duly posted as provided.
Such schedules shall be approved by the Tribal Council of the Grand
Traverse Band Reservation.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
GTB Fiber will maintain an office in Peshawbestown, Michigan.
Its address will be:
Grand Traverse Band of Ottawa and Chippewa Indians
ATTN: Director of Fiber
2605 N. West Bayshore Drive
Peshawbestown, MI 49682
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[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
The rate structure and fee schedules shall be determined based
on the actual costs of operation and maintenance for the system. All
rates and fee changes must be approved by the GTB Tribal Manager.
The fee schedules are available at the Department's office in
Peshawbestown.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
(a) The Department will follow normal Tribal procedures for bookkeeping
and banking. This will allow convenient handling of funds through
the same bank of the Tribe, while also providing separate accounting
of the GTB Fiber's funds.
(b) Actual handling of the Department's funds will be handled by
the GTB Accounting Department.
(c) All accounts and ledgers of the Department shall be available for
audit at any time by the Tribal Auditor or auditor of the Tribe's
choice.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
(a) Conflict of Ordinances or Regulations; Effect of Partial Invalidity.
In any case where a provision of this ordinance or regulations promulgated
thereunder is found to be in conflict with a provision of any zoning,
building, fire safety, or health ordinance, code or resolution, existing
on the effective date of these regulations, the provision establishing
the higher standard for the promotion and protection of the health
and safety of the people will prevail.
(b) If any chapter, subchapter, paragraph, sentence, clause, or phrase
of these regulations shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of these regulations,
which shall remain in full force and effect; and, to this end, the
provisions of these regulations are hereby declared to be severable.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
Nothing in this ordinance shall be construed to waive the sovereign
immunity of the Grand Traverse Band of Ottawa and Chippewa Indians.
[History: Tribal motion, enacted by Tribal Council November
29, 2017]
The Plan of Operation may be amended by a simple majority vote
of the GTB Tribal Council as provided by law.
[History: Tribal motion, enacted by Tribal Council November
29, 2017.]
This ordinance is effective immediately upon approval by the
GTB Tribal Council.