[HISTORY: Adopted by the City Commission of the City of Kalamazoo 10-28-2002 by Ord. No. 1746. Amendments noted where applicable.]
Cable television — See Ch. 41.
Cable television rate regulations — See Ch. 43.
Cable communications — See Ch. 44.
Metropolitan Extension Telecommunications Rights-of-Way Oversight Act — See MCLA § 484.3101 et seq.
Editor's Note: This ordinance also repealed former Ch. 45, which pertained to similar subject matter, and derived from Ord. No. 1721, adopted 6-4-2001.
The purpose of this chapter, which shall be known as the "Telecommunications Ordinance," is to regulate the access to and use of public rights-of-way by telecommunication providers so as to protect the public health, safety, and welfare and to exercise 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, hereinafter "State Act") and to ensure that the City qualifies for distributions under the State Act.
Editor's Note: See MCLA § 484.3101 et seq.
Except as otherwise provided in the State Act, a telecommunications provider (as defined in the State Act) using or seeking to use public rights-of-way in the City for its telecommunications facilities shall apply for and obtain a permit pursuant to the State Act, which shall govern and control the City's response.
A telecommunications provider which was issued a permit pursuant to the sections repealed above may remain in the rights-of-way and need not obtain a new permit until and unless required by the State Act; any terms and conditions set forth in the previously-issued permit which are inconsistent with the State Act shall be void. The duty to pay annual fees by said permit shall terminate November 1, 2002.
A telecommunications provider shall not commence construction upon, over, across, or under a public right-of-way in the City without first obtaining all licenses and permits required by City Code or state law; once its facilities are placed within the right-of-way, the telecommunication provider shall thereafter comply with all applicable City Codes and state law.
This chapter shall not limit the City's right to review and approve a telecommunication provider's access to and on-going use of a public right-of-way, or to limit the City's authority and power to ensure and protect the public health, safety and welfare.
A telecommunication provider which violates any provision of this chapter for the terms or conditions of a permit may be charged by the City with a civil infraction punishable by a fine of not more than $100. Each day in which a violation of this chapter continues constitutes a separate infraction and shall be subject to penalties and other remedies as a separate infraction.
In addition to any remedies set forth above and unless contrary to the State Act, the City may bring an action for an injunction or other relief against a telecommunication provider to restrain, prevent, or abate a violation of this chapter and/or to revoke said provider's permit.