Michigan Laws 484.3305 – Renewal or extension of existing franchise agreement; unreasonable and unenforceable provisions; burdensome terms, conditions, or requirements
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 484.3305
- franchise agreement: means the franchise agreement required under this act to be the operating agreement between each franchising entity and video provider in this state. See Michigan Laws 484.3301
- Franchising entity: means the local unit of government in which a provider offers video services through a franchise. See Michigan Laws 484.3301
- Incumbent video provider: means a cable operator serving cable subscribers or a telecommunication provider providing video services through the provider's existing telephone exchange boundaries in a particular franchise area within a local unit of government on the effective date of this act. See Michigan Laws 484.3301
- provider: means a person authorized under this act to provide video service. See Michigan Laws 484.3301
- Video service: means video programming, cable services, IPTV, or OVS provided through facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. See Michigan Laws 484.3301
(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 option, may continue to provide video services to the franchising entity by electing to do 1 of the following:
(a) Terminate the existing franchise agreement before the expiration date of the agreement and enter into a new franchise under a uniform video service local franchise agreement.
(b) Continue under the existing franchise agreement amended to include only those provisions required under a uniform video service local franchise.
(c) Continue to operate under the terms of an expired franchise until a uniform video service local franchise agreement takes effect. An incumbent video provider has 120 days after the effective date of this act to file for a uniform video service local franchise agreement.
(3) On the effective date of this act, any provisions of an existing franchise that are inconsistent with or in addition to the provisions of a uniform video service local franchise agreement are unreasonable and unenforceable by the franchising entity.
(4) If a franchising entity authorizes 2 or more video service providers through an existing franchise, a uniform video service local franchise agreement, or an agreement under section 13, the franchising entity shall not enforce any term, condition, or requirement of any franchise agreement that is more burdensome than the terms, conditions, or requirements contained in another franchise agreement.