[Amended 5-5-2003 by Ord.
No. 03-06]
The purposes of this chapter 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") and other applicable law, and to ensure that the City qualifies
for distributions under the Act by modifying the fees charged to providers
and complying with the Act.
[Amended 5-5-2003 by Ord.
No. 03-06]
Nothing in this chapter shall be construed in such a manner
as to conflict with the Act or other applicable law.
[Amended 5-5-2003 by Ord.
No. 03-06]
The terms used in this chapter 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.
The City of Corunna.
The Corunna City Council of the City of Corunna or its designee.
This section does not authorize delegation of any decision or function
that is required by law to be made by the Corunna City Council.
The City Manager or his or her designee.
A non-exclusive permit issued pursuant to the Act and this
chapter to a telecommunications provider to use the public rights-of-way
in the City for its telecommunications facilities.
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All other terms used in this chapter shall have the same meaning
as defined or as provided in the Act, including without limitation
the following:
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The Metropolitan Extension Telecommunications Rights-of-Way
Oversight Authority created pursuant to § 3 of the Act.
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 facilities
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 § 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 § 102 of the Michigan
Telecommunications Act, 1991 PA 179, MCL 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 § 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 chapter only, a provider also includes all of the
following:
[Amended 5-5-2003 by Ord.
No. 03-06]
(a)
Permit required. Except as otherwise provided in the
Act, a telecommunications provider 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 this chapter.
(b)
Application. Telecommunications providers shall apply
for a permit on an application form approved by the MPSC in accordance
with § 6(1) of the Act. A telecommunications provider shall
file one copy of the application with the City Clerk, one copy with
the City Manager, and one copy with the City Attorney. Upon receipt,
the City Clerk shall make one copy of the application and distribute
a copy to the City of Corunna's Building Inspector. 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
§ 6(5) of the Act.
(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, MCL 15.231 to 15.246, pursuant to § 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 City Manager may request
an applicant to submit such additional information which the City
Manager 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 City Manager. If
the City and the applicant cannot agree on the requirement of additional
information requested by the City, the City or the applicant shall
notify the MPSC as provided in § 6(2) of the Act.
(f)
Previously issued permits. Pursuant to § 5(1)
of the Act, authorizations or permits previously issued by the City
under § 251 of the Michigan telecommunications act, 1991
PA 179, MCL 484.2251 and authorizations or permits issued by the City
to telecommunications providers prior to the 1995 enactment of § 251
of the Michigan Telecommunications Act but after 1985 shall satisfy
the permit requirements of this chapter.
(g)
Existing Providers. Pursuant to § 5(3) of the Act, 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 City as of such date, that has not previously obtained authorization or a permit under § 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251, shall submit to the City an application for a permit in accordance with the requirements of this chapter. Pursuant to § 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 § 5(4) of the Act.
[Amended 5-5-2003 by Ord.
No. 03-06]
(a)
Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the City Manager. Pursuant to § 15(3) of the Act, the City Manager 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 Subsection 23-4(b) of this chapter for access to a public right-of-way within the City. Pursuant to § 6(6) of the Act, the City Manager shall notify the MPSC when the City Manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The City Manager shall not unreasonably deny an application for a permit.
(b)
Form of permit. If an application for permit is approved,
the City Manager shall issue the permit in the form approved by the
MPSC, with or without additional or different permit terms, in accordance
with §§ 6(1), 6(2) and 15 of the Act.
(c)
Conditions. Pursuant to § 15(4) of the Act,
the City Manager may impose conditions on the issuance of a permit,
which conditions shall be limited to the telecommunications provider's
access and usage of the public right-of-way.
(d)
Bond requirement. Pursuant to § 15(3) of the Act, and without limitation on Subsection (c) above, the City Manager 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.
[Amended 5-5-2003 by Ord.
No. 03-06]
A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the City without first obtaining a construction or engineering permit as required under Chapter 23 of this Code, as amended, for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 4(3) of the Act, obtaining a permit
or paying the fees required under the Act or under this chapter does
not give a telecommunications provider a right to use conduit or utility
poles.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 6(7) of the Act, a telecommunications
provider shall, within 90 days after the substantial completion of
construction of new telecommunications facilities in the City, submit
route maps showing the location of the telecommunications facilities
to both the MPSC and to the City. The route maps should be in [paper
or electronic] format unless and until the MPSC determines otherwise,
in accordance with § 6(8) of the Act.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 15(5) of the Act, a telecommunications
provider undertaking an excavation or construction or installing telecommunications
facilities within a public right-of-way or temporarily obstructing
a public right-of-way in the City, 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 condition.
[Amended 5-5-2003 by Ord.
No. 03-06]
In addition to the non-refundable application fee paid to the City set forth in Subsection 23-4(d) above, a telecommunications provider with telecommunications facilities in the City's public rights-of-way shall pay an annual maintenance fee to the authority pursuant to § 8 of the Act.
[Amended 5-5-2003 by Ord.
No. 03-06]
In compliance with the requirements of § 13(1) of
the Act, the City 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 § 13(4) of the Act,
the City also hereby approves modification of the fees of providers
with telecommunication facilities in public rights-of-way within the
City's boundaries, so that those providers pay only those fees
required under § 8 of the Act. The City shall provide each
telecommunications provider affected by the fee with a copy of this
chapter, in compliance with the requirement of § 13(4) of
the Act. 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 City's policy and intent, and upon application
by a provider or discovery by the City, shall be promptly refunded
as having been charged in error.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 13(5) of the Act, if § 8 of the Act is found to be invalid or unconstitutional, the modification of fees under § 23-11 above shall be void from the date the modification was made.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 10(4) of the Act, all amounts received
by the City from the authority shall be used by the City solely for
rights-of-way related purposes. In conformance with that requirement,
all funds received by the City from the authority shall be deposited
into the major street fund and/or the local street fund maintained
by the City under Act No. 51 of the Public Acts of 1951.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 10(5) of the Act, the City Manager shall
file an annual report with the authority on the use and disposition
of funds annually distributed by the authority.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 13(6) of the Act, the City 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 the cable operator
received for cable modem services provided through broadband internet
transport access services.
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 4(2) of the Act, except as expressly
provided herein with respect to fees, this chapter shall not affect
any existing rights that a telecommunications provider or the City
may have under a permit issued by the City or under a contract between
the City and a telecommunications provider related to the use of the
public rights-of-way.
[Amended 5-5-2003 by Ord.
No. 03-06]
The City hereby declares that its policy and intent in adopting
this chapter 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 City 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, MCL 15.231 to 15.246, as provided in Subsection 23-4(c) of this chapter;
(b)
Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with Subsection 23-4(f) of this chapter;
(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 Subsection 23-4(g) of this chapter;
(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 City, in accordance with Subsection 23-5(a) of this chapter;
(e)
Notifying the MPSC when the City has granted or denied a permit, in accordance with Subsection 23-5(a) of this chapter;
(f)
Not unreasonably denying an application for a permit, in accordance with Subsection 23-5(a) of this chapter;
(g)
Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in Subsection 23-5(b) of this chapter;
(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 Subsection 23-5(c) of this chapter;
(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 Subsection 23-5(d) of this chapter;
(j)
Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 23-6 of this chapter;
[Amended 5-5-2003 by Ord.
No. 03-06]
Pursuant to § 15(2) of the Act, this chapter shall
not limit the City's right to review and approve a telecommunication
provider's access to and ongoing use of a public right-of-way
or limit the City's authority to ensure and protect the health,
safety, and welfare of the public.
[Amended 5-5-2003 by Ord.
No. 03-06]
The various parts, sentences, paragraphs, sections, and clauses
of this chapter are hereby declared to be severable. If any part,
sentence, paragraph, section, or clause of this chapter is adjudged
unconstitutional or invalid by a court or administrative agency of
competent jurisdiction, the unconstitutionality or invalidity shall
not affect the constitutionality or validity of any remaining provisions
of this chapter.
[Amended 5-5-2003 by Ord.
No. 03-06]
The City Manager or his or her designee is hereby designated
as the authorized City official to issue municipal civil infraction
citations (directing alleged violators to appear in court) or municipal
civil infraction violation notices (directing alleged violators to
appear at the municipal chapter violations bureau) for violations
under this chapter as provided by the City Code.
[Amended 5-5-2003 by Ord.
No. 03-06]
A person who violates any provision of this chapter or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to [specify local civil infraction fines or ordinance section references here]. [If the City does not have a municipal civil infraction ordinance: A violation of this chapter shall be a violation of the City Code.] Nothing in this § 23-21 shall be construed to limit the remedies available to the City in the event of a violation by a person of this chapter or a permit.
[Amended 5-5-2003 by Ord.
No. 03-06]
All ordinances and portions of ordinances inconsistent with
this chapter are hereby repealed.
[Amended 5-5-2003 by Ord.
No. 03-06]
This chapter shall take effect pursuant to the Corunna City
Charter, immediately upon publication hereof.
