This chapter shall be interpreted and applied so as to be consistent
with the Metro Act and corresponding provisions of the forms of the
Metro Act permit approved by the MPSC, including applicable MPSC,
Metro Authority and court decisions and determinations relating to
same.
The following definitions apply to this article:
ACT
The Uniform Video Services Local Franchise Act, being Act
480 of the Public Acts of 2006, MCLA § 484.3301 and following,
as amended from time to time.
FACILITIES
The lines, equipment and other facilities of a permittee
which use or occupy the public right-of-way in the delivery of video
services in the municipality.
FRANCHISE AGREEMENT
The franchise agreement entered into or possessed by a video
service provider with the municipality as required by Section 3(1)
of the Act, if it is the standardized, uniform form of franchise agreement
established by the MPSC.
MANAGER
The municipality's Township Supervisor or his or her
designee.
METRO ACT
The Metropolitan Extension Telecommunications Rights-of-Way
Oversight Act, being Act No. 48 of the Public Acts of 2002, MCLA § 484.3101
and following.
METRO ACT PERMIT
A permit to use the public right-of-way issued by the municipality under Article
I of this chapter which implements the Metro Act, after a provider's application for same to the municipality as set forth in such chapter.
MPSC
The Michigan Public Service Commission and shall have the
same meaning as the term "Commission" in the Act and the Metro Act.
PERMITTEE
A video service provider without a currently valid Metro Act permit but with either a preexisting agreement or a currently valid franchise agreement. Upon applying to the municipality for and then obtaining a Metro Act permit from the municipality, a video service provider is not a permittee and is no longer required to comply with this chapter. A video service provider is also not a permittee and is not required to comply with this chapter if it and the municipality enter into a voluntary franchise agreement as described in §
342-31B of this article.
PERSON
An individual, corporation, association, partnership, governmental
entity, or any other legal entity.
PREEXISTING AGREEMENT
A cable television consent agreement predating the effective
date of the Act, January 1, 2007, which has not expired or been terminated.
VIDEO SERVICE PROVIDER
The same meaning as in the Act, and shall include an incumbent
video provider as referred to in Section 5(2) of the Act.
All permittees shall comply with this article, except that a permittee need not comply with the insurance provisions of §
342-28 of this article if it is maintaining the insurance required by Section 11.J of the standardized, uniform form of franchise agreement established by the MPSC (which in accordance with the Act states that incumbent video providers shall comply with the terms which provide insurance for right-of-way related activities that are contained in its last cable franchise or consent agreement from the franchising entity entered into before the effective date of the Act).
The municipality may require the permittee to post a bond (or
letter of credit), in the amount provided in Section 15(3) of the
Metro Act, as amended, MCLA § 484.3115(3).
[Amended 10-24-2012 by Ord. No. 7-2012]
Any permittee who violates any provision of this article shall be responsible for a municipal civil infraction, subject to the penalties in Chapter
40, Article
IV, Penalties for Misdemeanors and Municipal Civil Infractions. Nothing in this section shall be construed to limit the remedies available to the Township in the event of a violation by a person of this article or a permit.
[Amended 10-24-2012 by Ord. No. 7-2012]
The Manager, which includes his or her designee, is hereby designated
as the authorized official of the municipality to issue municipal
civil infraction citations (directing alleged violators to appear
in court) for violations of this article, as provided in the Code
of Cascade Charter Township.