Michigan Laws 484.3308 – Installation, construction, and maintenance of video service or communications network within public right-of-way; access; fee; limitation
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 484.3308
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- Franchising entity: means the local unit of government in which a provider offers video services through a franchise. See Michigan Laws 484.3301
- provider: means a person authorized under this act to provide video service. See Michigan Laws 484.3301
- Public rights-of-way: means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses. 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) 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 neutral access to the public right-of-way.
(2) A franchising entity may not discriminate against a video service provider to provide video service for any of the following:
(a) The authorization or placement of a video service or communications network in public rights-of-way.
(b) Access to a building owned by a governmental entity.
(c) A municipal utility pole attachment.
(3) A franchising entity may impose on a video service provider a permit fee only to the extent it imposes such a fee on incumbent video providers, and any fee shall not exceed the actual, direct costs incurred by the franchising entity for issuing the relevant permit. A fee under this section shall not be levied if the video service provider already has paid a permit fee of any kind in connection with the same activity that would otherwise be covered by the permit fee under this section or is otherwise authorized by law or contract to place the facilities used by the video service provider in the public rights-of-way or for general revenue purposes.