Michigan Laws 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
Current as of: 2023 | Check for updates
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(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 pay all fees required under this act. Authorizations or permits previously obtained from a municipality under section 251 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2251, satisfy the permit requirement of this section.
(2) A provider asserting rights under 1883 PA 129, MCL 484.1 to 484.10, is subject to the permit and fee requirements of this act.
Terms Used In Michigan Laws 484.3105
- Authority: means the metropolitan authority created under the local community stabilization authority act. See Michigan Laws 484.3102
- facilities: means 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. See Michigan Laws 484.3102
- Metropolitan area: means 1 or more municipalities within this state located, in whole or in part, within a county having a population of 10,000 or more or a municipality within this state that enacts an ordinance or resolution electing to be classified as part of a metropolitan area under this act. See Michigan Laws 484.3102
- Municipality: means a township, city, or village. See Michigan Laws 484.3102
- Public right-of-way: means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. See Michigan Laws 484.3102
(3) Within 180 days from the effective date of this act, a provider with facilities located in a public right-of-way as of the effective date of this act that has not previously obtained authorization or a permit under section 251 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2251, shall submit an application for a permit to each municipality in which the provider has facilities located in a public right-of-way. A provider submitting an application under this subsection is not required to pay the administrative fee required under section 6(4).
(4) The authority may, for good cause, allow a provider up to an additional 180 days to submit the application required under subsection (3).