City of Kalamazoo, MI Chapter 45 Telecommunications

[HISTORY: Adopted by the City Commission of the City of Kalamazoo 10-28-2002 by Ord. No. 1746.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Cable television — See Ch. 41.

Cable television rate regulations — See Ch. 43.

Cable communications — See Ch. 44.

STATUTORY REFERENCES

Metropolitan Extension Telecommunications Rights-of-Way Oversight Act — See MCLA § 484.3101 et seq.

[1] Editor's Note: This ordinance also repealed former Ch. 45, which pertained to similar subject matter, and derived from Ord.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.

§ 45-1 Purpose.

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")[1] and to ensure that the City qualifies for distributions under the State Act.

[1] Editor's Note: See MCLA § 484.3101 et seq.

§ 45-2 Permits for use of public rights-of-way.

A. 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.

B. A telecommunications provider which was issued a permit pursuant to the sections repealed above may remain in the rights-of-way and need not obtain a new permit until and unless required by the State Act; any terms and conditions set forth in the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.

§ 45-3 Requirements for start of construction; compliance with applicable codes and law.

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.

§ 45-4 Preservation of City's rights.

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.

§ 45-5 Penalty for violation.

A. 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.

B. 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.