Terms Used In Michigan Laws 460.1303

  • Attaching entity: means a public or private party or entity, other than the municipally owned electric utility, that, pursuant to an agreement with the municipally owned electric utility, places a wire or cable attachment on a nonauthority pole or related infrastructure within the communication space. See Michigan Laws 460.1303
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Communication space: means that term as defined in the "National Electric Safety Code" published by the Institute of Electrical and Electronics Engineers. See Michigan Laws 460.1305
  • County road commission: means that term as defined in section 19b of 1909 PA 283, MCL 224. See Michigan Laws 460.1305
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law: means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance. See Michigan Laws 460.1307
  • MPSC: means the Michigan Public Service Commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.1307
  • Municipally owned electric utility: means a system owned by a municipality or combination of municipalities to furnish power or light and includes a cooperative electric utility that, on or after the effective date of this act, acquired all or substantially all of the assets of a municipal electric utility, when applying this act to the former territory of the municipal electric utility. See Michigan Laws 460.1307
  • Nonauthority pole: means a utility pole used for electric delivery service and controlled by the governing body of a municipally owned electric utility. See Michigan Laws 460.1307
  • Oversight: Committee review of the activities of a Federal agency or program.
  • ROW: means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. See Michigan Laws 460.1307
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • 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 meets the height requirements in section 13(5) and is designed to support small cell wireless facilities. See Michigan Laws 460.1309
  • Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Michigan Laws 460.1309
  • Wireless services: means any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile. See Michigan Laws 460.1309
  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.
  (c) “Applicable codes” means uniform building, fire, electrical, plumbing, or mechanical codes adopted under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, or adopted by the United States Occupational Safety and Health Administration or by a state or national code organization, including, but not limited to, the “National Electrical Safety Code” published by the Institute of Electrical and Electronics Engineers.
  (d) “Applicant” means a wireless provider that submits an application described in this act.
  (e) “Attaching entity” means a public or private party or entity, other than the municipally owned electric utility, that, pursuant to an agreement with the municipally owned electric utility, places a wire or cable attachment on a nonauthority pole or related infrastructure within the communication space. Attaching entity includes, but is not limited to, both of the following:
  (i) A telecommunication provider as that term is defined in section 2 of the metropolitan extension telecommunications rights-of-way oversight act, 2002 PA 48, MCL 484.3102.
  (ii) A video service provider as that term is defined in section 1 of the uniform video services local franchise act, 2006 PA 480, MCL 484.3301.
  (f) “Authority”, unless the context implies otherwise, means this state, a county road commission, or a county, township, city, village, district, or subdivision thereof if authorized by law to make legislative, quasi-judicial, or administrative decisions concerning an application described in this act. Authority does not include any of the following:
  (i) A municipally owned electric utility.
  (ii) An investor-owned utility whose rates are regulated by the MPSC.
  (iii) A state court having jurisdiction over an authority.
  (g) “Authority pole” means a utility pole owned or operated by an authority and located in the ROW.
  
  

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