484.3301 Short title; definitions. Sec. 1. (1) This act shall be known and may be cited as the “uniform video services local franchise act”. (2) As used in this act: (a) “Cable operator” means that term as defined in 47 USC 522(5). (b) “Cable service” means that term as defined in 47 USC 522(6). (c) […]
484.3302 Uniform video service local franchise agreement; form; provisions. Sec. 2. (1) No later than 30 days from the effective date of this act, the commission shall issue an order establishing the standardized form for the uniform video service local franchise agreement to be used by each franchising entity in this state. (2) Except as […]
484.3303 Franchise agreement with local unit of government; notice of completion; approval; transferability; termination or modification; notice of change in information; duration of franchise; renewal; certain conditions prohibited. Sec. 3. (1) Before offering video services within the boundaries of a local unit of government the video provider shall enter into or possess a franchise agreement […]
484.3304 Public, education, and government access channels; availability; manner of retransmission; interconnection; editorial control; liability; access to signals of local broadcast television station; prohibited conduct by provider; use of reception technology; use for noncommercial purposes; applicability of subsections (7) to (11); request specifying number of channels in actual use. Sec. 4. (1) A video service […]
484.3305 Renewal or extension of existing franchise agreement; unreasonable and unenforceable provisions; burdensome terms, conditions, or requirements. Sec. 5. (1) As of the effective date of this act, no existing franchise agreement with a franchising entity shall be renewed or extended upon the expiration date of the agreement. (2) The incumbent video provider, at its […]
***** 484.3306 Subsection (13) does not apply after December 31, 2009 ***** 484.3306 Video service provider fee; payment; “gross revenues” defined; calculation; additional fee; credits; assessment; inapplicability of subsection after December 31, 2009. Sec. 6. (1) A video service provider shall calculate and pay an annual video service provider fee to the franchising entity. The […]
484.3307 Audits; claims for unpaid fees or refunds; identification and collection as separate line item. Sec. 7. (1) No more than every 24 months, a franchising entity may perform reasonable audits of the video service provider’s calculation of the fees paid under section 6 to the franchising entity during the preceding 24-month period only. All […]
484.3308 Installation, construction, and maintenance of video service or communications network within public right-of-way; access; fee; limitation. Sec. 8. (1) A franchising entity shall allow a video service provider to install, construct, and maintain a video service or communications network within a public right-of-way and shall provide the provider with open, comparable, nondiscriminatory, and competitively […]
484.3309 Denial of service access due to race or income; defense to violation of subsection (1); video service requirements; number of households; report on compliance with subsections (2) and (3); use of alternative technology; waiver or time extension; service outside provider’s existing telephone exchange boundaries not required; mandatory build-out or deployment provisions, schedules, or requirements. […]
484.3310 Prohibited conduct; establishment of dispute resolution process; notice to customers; filing of complaint; manner of dispute resolution. Sec. 10. (1) A video service provider shall not do in connection with the providing of video services to its subscribers and the commission may enforce compliance with any of the following to the extent that the […]
484.3311 Confidentiality. Sec. 11. (1) Except under the terms of a mandatory protective order, trade secrets and commercial or financial information submitted under this act to the franchising entity or commission are exempt from the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (2) If information is disclosed under a mandatory protective […]
484.3312 Administration of act; limitations; report. Sec. 12. (1) The commission’s authority to administer this act is limited to the powers and duties explicitly provided for under this act, and the commission shall not have the authority to regulate or control a provider under this act as a public utility. (2) The commission shall file […]
484.3313 Voluntary franchise agreement. Sec. 13. This act does not prohibit a local unit of government and a video service provider from entering into a voluntary franchise agreement that includes terms and conditions different than those required under this act, including, but not limited to, a reduction in the franchise fee in return for the […]
484.3314 Violation; remedies and penalties; costs; appeal and review. Sec. 14. (1) After notice and hearing, if the commission finds that a person has violated this act, the commission shall order remedies and penalties to protect and make whole persons who have suffered damages as a result of the violation, including, but not limited to, […]
***** 484.3315 THIS SECTION DOES NOT APPLY AFTER DECEMBER 31, 2015 ***** 484.3315 Costs to commission in exercising duties; assessment of amount against each video service provider; limitation; deduction; credit of payments to special account; applicability of section. Sec. 15. (1) Effective January 1, 2010, the commission within 30 days after the enactment into law […]
