[Adopted 4-21-2003 by Ord. No. 105]
The purposes of this article are to regulate
access to and ongoing use of public rights-of-way by telecommunications
providers for their telecommunications facilities while protecting
the public health, safety, and welfare and exercising reasonable control
of the public rights-of-way in compliance with the Metropolitan Extension
Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the
Public Acts of 2002) ("Act")[1] and other applicable law, and to ensure that the Township
qualifies for distributions under the Act by modifying the fees charged
to providers and complying with the Act.
[1]
Editor's Note: See MCLA § 484.3101
et seq.
Nothing in this article shall be construed in
such a manner as to conflict with the Act or other applicable law.
A.
ACT
PERMIT
SUPERVISOR
TOWNSHIP
TOWNSHIP BOARD
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 Township for its telecommunications facilities.
The Township Supervisor or his or her designee.
The Charter Township of Blackman.
The Township Board of the Charter Township of Blackman or
its designee. This section does not authorize delegation of any decision
or function that is required by law to be made by the Township Board.
[1]
Editor's Note: See MCLA § 484.3101
et seq.
B.
AUTHORITY
MPSC
PERSON
PUBLIC RIGHT-OF-WAY
TELECOMMUNICATION FACILITY 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, and 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
facility 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 I 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, 1991 PA 179, MCLA § 484.2102. "Telecommunication provider"
does not include a person or an affiliate of that person when providing
a federally licensed commercial mobile radio service as defined in
Section 332(d) of Part I 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 § 484.3103.
A.
Permit required. Except as otherwise provided in the
Act, a telecommunications provider using or seeking to use public
rights-of-way in the Township for its telecommunications facilities
shall apply for and obtain a permit pursuant to this article.
B.
Application. Telecommunications providers shall apply
for a permit on an application form approved by the MPSC in accordance
with Section 6(1) of the Act.[1] A telecommunications provider shall file one copy of the
application with the Township Clerk, and one copy with the Township
Supervisor. The applicant shall also make copies of the application
for distribution to each Board member. Applications shall be complete
and include all information required by the Act, including without
limitation a route map showing the location of the provider's existing
and proposed facilities in accordance with Section 6(5) of the Act.[2]
C.
Confidential information. If a telecommunications
provider claims that any portion of the route maps submitted by it
as part of its application contain trade secret, proprietary, or confidential
information, which is exempt from the Freedom of Information Act,
1976 PA 442, MCLA §§ 15.231 to 15.246, pursuant to
Section 6(5) of the Act, the telecommunications provider shall prominently
so indicate on the face of each map.
D.
Application fee. Except as otherwise provided by the
Act, the application shall be accompanied by a one-time nonrefundable
application fee in the amount of $500.
E.
Additional information. The Township Supervisor may
request an applicant to submit such additional information which the
Township Supervisor deems reasonably necessary or relevant. The applicant
shall comply with all such requests in compliance with reasonable
deadlines for such additional information established by the Township
Supervisor. If the Township and the applicant cannot agree on the
requirement of additional information requested by the Township, the
Township or the applicant shall notify the MPSC as provided in Section
6(2) of the Act.[3]
[3]
Editor's Note: See MCLA § 484.3106(2).
F.
Previously issued permits. Pursuant to Section 5(1)
of the Act,[4] authorizations or permits previously issued by the Township
under Section 251 of the Michigan Telecommunications Act, 1991 PA
179, MCLA § 484.2251, and authorizations or permits issued
by the Township to telecommunications providers prior to the 1995
enactment of Section 251 of the Michigan Telecommunications Act but
after 1985 shall satisfy the permit requirements of this article.
[4]
Editor's Note: See MCLA § 484.3105(1).
G.
Existing providers. Pursuant to Section 5(3) of the
Act,[5] within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the Township as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCLA § 484.2251, shall submit to the Township an application for a permit in accordance with the requirements of this article. Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the $500 application fee required under Subsection D above. A provider under this subsection shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in Section 5(4) of the Act.[6]
A.
Approval or denial. The authority to approve or deny
an application for a permit shall remain with the Township Board unless
the function is delegated to a Township officer by ordinance. Pursuant
to Section 15(3) of the Act,[1] the Township Board shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 64-22B of this article for access to a public right-of-way within the Township. Pursuant to Section 6(6) of the Act,[2] the Township Board shall notify the MPSC when the Township
Board has granted or denied a permit, including information regarding
the date on which the application was filed and the date on the which
permit was granted or denied. The Township Board shall not unreasonably
deny an application for a permit.
B.
Form of permit. If an application for permit is approved,
the Township Board shall issue the permit in the form approved by
the MPSC, with or without additional or different permit terms, in
accordance with Sections 6(1), 6(2) and 15 of the Act.[3]
[3]
Editor's Note: See MCLA §§ 484.3106(1)
and (2) and 484.3115.
D.
Bond requirement. Pursuant to Section 15(3) of the
Act,[5] and without limitation on Subsection C above, the Township Board may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider's access and use.
[5]
Editor's Note: See MCLA § 484.3115(3).
A telecommunications provider shall not commence
construction upon, over, across, or under the public right-of-way
in the Township without first obtaining a construction or engineering
permit as required under or by any other codes or ordinances, as amended,
for construction within the public rights-of-way. No fee shall be
charged for such a construction or engineering permit.
Pursuant to Section 4(3) of the Act,[1] obtaining a permit or paying the fees required under the
Act or under this article does not give a telecommunications provider
a right to use conduit or utility poles.
[1]
Editor's Note: See MCLA § 484.3104(3).
Pursuant to Section 6(7) of the Act,[1] a telecommunications provider shall, within 90 days after
the substantial completion of construction of new telecommunications
facilities in the Township, submit route maps showing the location
of the telecommunications facilities to both the MPSC and to the Township.
The route maps should be in [paper or electronic] format unless and
until the MPSC determines otherwise, in accordance with Section 6(8)
of the Act.[2]
Pursuant to Section 15(5) of the Act,[1] a telecommunications provider undertaking an excavation
or construction or installing telecommunications facilities within
a public right-of-way temporarily obstructing a public right-of-way
in the Township, as authorized by a permit, shall promptly repair
all damage done to the street surface and all installations under,
over, below, or within the public right-of-way and shall promptly
restore the public right-of-way to its preexisting conditions.
[1]
Editor's Note: See MCLA § 484.3115(5).
In addition to the nonrefundable application fee paid to the Township set forth in § 64-22D above, a telecommunications provider with telecommunications facilities in the Township's public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.[1]
[1]
Editor's Note: See MCLA § 484.3108.
In compliance with the requirements of Section
13(1) of the Act,[1] the Township hereby modifies, to the extent necessary,
any fees charged to telecommunications providers after November 1,
2002, the effective date of the Act, relating to access and usage
of the public rights-of-way, to an amount not exceeding the amounts
of fees and charges required under the Act, which shall be paid to
the Authority. In compliance with the requirements of Section 13(4)
of the Act,[2] the Township also hereby approves modification of the
fees of providers with telecommunication facilities in public rights-of-way
within the Township's boundaries, so that those providers pay only
those fees required under Section 8 of the Act.[3] The Township shall provide each telecommunications provider
affected by the fee with a copy of this article, in compliance with
the requirement of Section 13(4) of the Act.[4] To the extent any fees are charged telecommunications
providers in excess of the amounts permitted under the Act, or which
are otherwise inconsistent with the Act, such imposition is hereby
declared to be contrary to the Township's policy and intent, and upon
application by a provider or discovery by the Township, shall be promptly
refunded as having been charged in error.
Pursuant to Section 13(5) of the Act, if Section
8 of the Act[1] is found to be invalid or unconstitutional, the modification of fees under § 64-29 above shall be void from the date the modification was made.
[1]
Editor's Note: See MCLA §§ 484.3113(5)
and 484.3108, respectively.
Pursuant to Section 10(4) of the Act,[1] all amounts received by the Township from the Authority
shall be used by the Township solely for rights-of-way related purposes.
In conformance with that requirement, all funds received by the Township
from the Authority shall be deposited into the Major Street Fund and/or
the Local Street Fund maintained by the Township under Act No. 51
of the Public Acts of 1951.[2]
Pursuant to Section 10(5) of the Act,[1] the Township Board shall file an annual report with the
Authority on the use and disposition of funds annually distributed
by the Authority.
[1]
Editor's Note: See MCLA § 484.3110(5).
Pursuant to Section 13(6) of the Act,[1] the Township shall not hold a cable television operator
in default or seek any remedy for its failure to satisfy an obligation,
if any, to pay after November 1, 2002, the effective date of this
Act, a franchise fee or similar fee on that portion of gross revenues
from charges that cable operator received for cable modem services
provided through broadband internet transport access services.
[1]
Editor's Note: See MCLA § 484.3113(6).
Pursuant to Section 4(2) of the Act,[1] except as expressly provided herein with respect to fees,
this article shall not affect any existing rights that a telecommunications
provider or the Township may have under a permit issued by the Township
or under a contract between the Township and a telecommunications
provider related to the use of the public rights-of-way.
[1]
Editor's Note: See MCLA § 484.3104(2).
The Township hereby declares that its policy
and intent in adopting this article is to fully comply with the requirements
of the Act, and the provisions hereof should be construed in such
a manner as to achieve that purpose. The Township shall comply in
all respects with the requirements of the Act, including but not limited
to the following:
A.
Exempting certain route maps from the Freedom of Information Act, 1976 PA 442, MCLA § 15.231 to 15.246, as provided in § 64-22C of this article;
B.
Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 64-22F of this article;
C.
Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in accordance with § 64-22G of this article;
D.
Approving or denying an application for a permit within 45 days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the Township, in accordance with § 64-23A of this article;
E.
Notifying the MPSC when the Township has granted or denied a permit, in accordance with § 64-23A of this article;
F.
Not unreasonably denying an application for a permit, in accordance with § 64-23A of this article;
G.
Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 64-23B of this article;
H.
Limiting the conditions imposed on the issuance of a permit to the telecommunications provider's access and usage of the public right-of-way, in accordance with § 64-23C of this article;
I.
Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider's access and use, in accordance with § 64-23D of this article;
J.
Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 64-24 of this article;
Pursuant to Section 15(2) of the Act,[1] this article shall not limit the Township's right to review
and approve a telecommunications provider's access to and ongoing
use of a public right-of-way or limit the Township's authority to
ensure and protect the health, safety, and welfare of the public.
[1]
Editor's Note: See MCLA § 484.3115(2).
A person who violates any provision of this
article or the terms or conditions of a permit is guilty of a misdemeanor
and shall be subject to a fine of not more than $500 and/or 93 days
in jail.
