460.1301 Short title; purpose of act. Sec. 1. (1) This act shall be known and may be cited as the “small wireless communications facilities deployment act”. (2) The purpose of the act is to do all of the following: (a) Increase investment in wireless networks that will benefit the citizens of this state by providing […]
460.1303 Definitions; A, B. Sec. 3. As used in this act: (a) “Affiliated transmission company” means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562. (b) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. […]
460.1305 Definitions; C to I. Sec. 5. As used in this act: (a) “Colocate” means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. “Collocation” has a corresponding meaning. Colocate does not include make-ready work or the installation of a new utility pole […]
460.1307 Definitions; L to S. Sec. 7. As used in this act: (a) “Law” means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance. (b) “Make-ready work” means work necessary to enable an authority pole or utility pole to support collocation, which may include modification […]
460.1309 Definitions; U to W. Sec 9. As used in this act: (a) “Utility pole” means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that […]
460.1311 Collocation of small cell wireless facilities; prohibited authority. Sec. 11. (1) Except as provided in this act, an authority shall not prohibit, regulate, or charge for the collocation of small cell wireless facilities. (2) The approval of a small cell wireless facility under this act authorizes only the collocation of a small cell wireless […]
460.1313 Activities of wireless provider in public right of way; exclusive arrangement prohibited; rates; ordinance compliance; installation and concealment requirements; waiver of undergrounding requirements; repair damage to right of way. Sec. 13. (1) This section applies only to activities of a wireless provider within the public right-of-way for the deployment of small cell wireless facilities […]
460.1315 Permitted activities of wireless provider in right of way; application; determination; notice; denial; consolidated application; extension; fees; revocation; moratorium prohibited; notice of discontinuance of use. Sec. 15. (1) This section applies to activities of a wireless provider within the public right-of-way. (2) Except as otherwise provided in subsection (5), an authority may require a […]
460.1317 Zoning review and approval; application; approval or denial requirements; fees; moratorium prohibited; revocation. Sec. 17. (1) The activities set forth in section 15(5) are exempt from zoning review. Subsections (2) to (4) apply to zoning reviews for the following activities that are subject to zoning review and approval, that are not a permitted use […]
460.1319 Authority poles; exclusive arrangement prohibited; limitation on rates, fees, and terms; elimination of aboveground poles. Sec. 19. (1) An authority shall not enter into an exclusive arrangement with any person for the right to attach to authority poles. A person who purchases, controls, or otherwise acquires an authority pole is subject to the requirements […]
460.1321 Municipally owned electric utility; collocation on nonauthority poles; standards; application process; moratorium prohibited; rates; make-ready work. Sec. 21. (1) The governing body of a municipally owned electric utility shall not enter into an exclusive arrangement with any person for the right to attach to nonauthority poles. (2) The governing body of a municipally owned […]
460.1323 Attaching entity; standards; compliance; rate; civil action. Sec. 23. (1) An attaching entity, and all contractors or parties under its control, shall comply with reliability, safety, and engineering standards adopted by the governing body of a municipally owned electric utility, including, but not limited to, the following: (a) Applicable engineering and safety standards governing […]
460.1325 Jurisdiction; authority; certain interior structures, campuses, stadiums, and athletic facilities. Sec. 25. An authority does not have jurisdiction or authority over the design, engineering, construction, installation, or operation of a small cell wireless facility located in an interior structure or upon a campus of an institution of higher education including any stadiums or athletic […]
460.1327 Circuit courts; jurisdiction; right to appeal. Sec. 27. The circuit court has jurisdiction to determine all disputes arising under this act. Venue lies in the judicial circuit where the authority or municipally owned electric utility is located. In addition to its right to appeal to the circuit court, an applicant may elect, at its […]
460.1329 Indemnification; insurance requirements. Sec. 29. As part of the permit process under section 15, a zoning approval process under section 17, or a request process under section 21, an authority or the governing body of a municipally owned electric utility may require a wireless provider to do the following with respect to a small […]
460.1331 Fee and rate limitations. Sec. 31. An authority may establish a fee or rate less than the maximum specified in section 13(3), 15(3), 17(4), or 19(2), subject to other requirements of this act. History: 2018, Act 365, Eff. Mar. 12, 2019
460.1333 Bonding requirements; limitations. Sec. 33. (1) As a condition of a permit described in this act, an authority may adopt bonding requirements for small cell wireless facilities if both of the following requirements are met: (a) The authority imposes similar requirements in connection with permits issued for similarly situated users of the ROW. (b) […]
460.1335 Labeling requirement of small cell wireless facility. Sec. 35. A small cell wireless facility for which a permit is issued shall be labeled with the name of the wireless provider, emergency contact telephone number, and information that identifies the small cell wireless facility and its location. History: 2018, Act 365, Eff. Mar. 12, 2019
460.1337 Payment of electricity to operate small cell wireless facility. Sec. 37. A wireless provider is responsible for arranging and paying for the electricity used to operate a small cell wireless facility. History: 2018, Act 365, Eff. Mar. 12, 2019
460.1339 Scope of act; application to and effect on certain electric utilities. Sec. 39. (1) This act does not add to, replace, or supersede any law regarding poles or conduits, similar structures, or equipment of any type owned or controlled by an investor-owned utility whose rates are regulated by the MPSC, an affiliated transmission company, […]
