484.3101 Short title; purpose of act. Sec. 1. (1) This act shall be known and may be cited as the “metropolitan extension telecommunications rights-of-way oversight act”. (2) The purpose of this act is to do all of the following: (a) Encourage competition in the availability, prices, terms, and other conditions of providing telecommunication services. (b) […]
484.3102 Definitions. Sec. 2. As used in this act: (a) “Authority” means the metropolitan authority created under the local community stabilization authority act. (b) “Broadband internet access transport services” means the broadband transmission of data between an end-user and the end-user’s internet service provider’s point of interconnection at a speed of 200 or more kilobits […]
484.3103 Local community stabilization authority; powers, duties, functions, and responsibilities; annual report; rules; transfer of certain powers, duties, records, and funds from metropolitan extension telecommunications rights-of-way oversight authority to the authority; abolishment; duties of director of department of licensing and regulatory affairs and state budget director; suit, action, or other proceeding; effect of rules, regulations, […]
484.3104 Enactment of local laws; limitation; existing rights. Sec. 4. (1) Except as otherwise provided by this act, after the effective date of this act, a municipality in a metropolitan area shall not enact, maintain, or enforce an ordinance, local law, or other legal requirement applicable to telecommunication providers that is inconsistent with this act […]
484.3105 Use of public rights-of-way; providers subject to permit and fee requirements; facilities located in public right-of-way at effective date of act; permit application. Sec. 5. (1) A provider using or seeking to use public rights-of-way in a metropolitan area for its telecommunication facilities shall obtain a permit under section 15 from the municipality and […]
484.3106 Applications and permits issued after effective date of act; form and process; disagreement on terms; appointment of mediator; determination by commissioner; extension; request for emergency relief; filing permit application with municipality; route maps; maintenance of website by commission. Sec. 6. (1) For applications and permits issued after the effective date of this act, the […]
484.3107 Inability of provider and municipality to agree; appointment of mediator by commission; determination by commission; issuance; extension. Sec. 7. If a provider and 1 or more municipalities are unable to agree on arrangements for coordinating and minimizing the disruption of public rights-of-way, ensuring the efficient construction of facilities, restoring the public rights-of-way after construction […]
484.3108 Maintenance fee. Sec. 8. (1) Except as otherwise provided by this act, a provider shall pay to the authority an annual maintenance fee as required under this act. (2) The authority shall determine for each provider the amount of fees required under this section. April 1 to March 31 shall be the annual period […]
484.3109 Fee discount. Sec. 9. (1) If 2 or more providers implement a shared use arrangement and meet the requirements of this section, each provider participating in the arrangement is entitled to a discount of the fees required under section 8 as provided under this section. (2) To qualify for the shared use discount, each […]
484.3110 Fee-sharing payments. Sec. 10. (1) Except as reduced by the amount provided for under subsection (2), the authority shall allocate the annual maintenance fees collected under this act to fund the fee-sharing mechanism under section 11. (2) To the extent that fees exceed $30,000,000.00 in any year and are from fees for linear feet […]
484.3111 Fee sharing; allocation of fund under section 10(1); excluded municipalities. Sec. 11. (1) The authority shall allocate the funding provided for fee sharing under section 10(1) as follows: (a) 75% to be disbursed to cities and villages in a metropolitan area on the basis of the distribution to each city or village under section […]
484.3112 Fee sharing; allocation of fund under section 10(2); weighted linear feet; excluded municipalities. Sec. 12. (1) The authority shall allocate the funding provided for fee sharing under section 10(2) as follows: (a) The amount available under this section multiplied by the percentage of weighted linear feet attributable to cities and villages, as compared to […]
484.3113 Modification of fees by municipality. Sec. 13. (1) A municipality is not eligible to receive funds under sections 11 and 12 unless by December 31, 2007 the municipality has modified to the extent necessary any fees charged to providers after the effective date of this act relating to access to and usage of the […]
484.3114 Telecommunication or cable modem service through broadband internet access transport service; requirements; exceptions; violation; complaint. Sec. 14. (1) Except as otherwise provided by subsection (2), a county, municipality, or an affiliate, shall comply with all of the following requirements: (a) Before the passage of any ordinance or resolution authorizing a county or municipality to […]
484.3115 Provider access to and use of public rights-of-way. Sec. 15. (1) Except as otherwise provided in this section, a municipality shall, upon application, grant to providers a permit for access to and the ongoing use of all public rights-of-way located within its municipal boundaries. A municipality shall act reasonably and promptly on all applications […]
484.3116 Cable franchise. Sec. 16. This act does not affect the requirement of a cable operator to obtain a cable franchise from a municipality. History: 2002, Act 48, Eff. Nov. 1, 2002
484.3117 Review of decision or review. Sec. 17. A decision or assessment of the authority is subject to a de novo review by the commission upon the request of an interested person. A decision or order of the commission issued under this act is subject to review as provided under section 26 of 1909 PA […]
484.3118 Complaint; proceeding; remedies and penalties. Sec. 18. (1) Except as otherwise provided by this act, the time requirements and procedures governing a complaint proceeding under this act shall be the same as those under section 203 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2203. (2) If after notice and hearing the commission […]
484.3119 Provisions found invalid or unconstitutional; effect. Sec. 19. (1) If the application of any provision of section 8 to a certain person is found to be invalid or unconstitutional, that provision and sections 3 and 15 shall not apply to any person. (2) If section 15 does not apply under subsection (1), the permit […]
484.3120 Supreme court opinion; request by legislature or governor. Sec. 20. Pursuant to section 8 of article III of the state constitution of 1963, either house of the legislature or the governor may request the opinion of the supreme court on important questions of law as to the constitutionality of this act. History: 2002, Act […]
