§ 460.1301 Short title; purpose of act
§ 460.1303 Definitions; A, B
§ 460.1305 Definitions; C to I
§ 460.1307 Definitions; L to S
§ 460.1309 Definitions; U to W
§ 460.1311 Collocation of small cell wireless facilities; prohibited authority
§ 460.1313 Activities of wireless provider in public right of way; exclusive arrangement prohibited; rates; ordinance compliance; installation and concealment requirements; waiver of undergrounding requirements;
§ 460.1315 Permitted activities of wireless provider in right of way; application; determination; notice; denial; consolidated application; extension; fees; revocation; moratorium prohibited; notice of discontin
§ 460.1317 Zoning review and approval; application; approval or denial requirements; fees; moratorium prohibited; revocation
§ 460.1319 Authority poles; exclusive arrangement prohibited; limitation on rates, fees, and terms; elimination of aboveground poles
§ 460.1321 Municipally owned electric utility; collocation on nonauthority poles; standards; application process; moratorium prohibited; rates; make-ready work
§ 460.1323 Attaching entity; standards; compliance; rate; civil action
§ 460.1325 Jurisdiction; authority; certain interior structures, campuses, stadiums, and athletic facilities
§ 460.1327 Circuit courts; jurisdiction; right to appeal
§ 460.1329 Indemnification; insurance requirements
§ 460.1331 Fee and rate limitations
§ 460.1333 Bonding requirements; limitations
§ 460.1335 Labeling requirement of small cell wireless facility
§ 460.1337 Payment of electricity to operate small cell wireless facility
§ 460.1339 Scope of act; application to and effect on certain electric utilities

Terms Used In Michigan Laws > Chapter 460 > Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act

  • Affiliated transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1303
  • Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See Michigan Laws 460.1303
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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. See Michigan Laws 460.1303
  • Applicant: means a wireless provider that submits an application described in this act. See Michigan Laws 460.1303
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Authority pole: means a utility pole owned or operated by an authority and located in the ROW. See Michigan Laws 460.1303
  • Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
  • Colocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. See Michigan Laws 460.1305
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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
  • Communications facility: means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service. See Michigan Laws 460.1305
  • Communications service: means service provided over a communications facility, including cable service as defined in 47 USC 522, information service as defined in 47 USC 153, telecommunications service as defined in 47 USC 153, or wireless service. See Michigan Laws 460.1305
  • Complaint: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County road commission: means that term as defined in section 19b of 1909 PA 283, MCL 224. See Michigan Laws 460.1305
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • FCC: means the Federal Communications Commission. See Michigan Laws 460.1305
  • Fee: means a nonrecurring charge for services. See Michigan Laws 460.1305
  • Historic district: means a historic district established under section 3 of the local historic districts act, 1970 PA 169, MCL 399. See Michigan Laws 460.1305
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1305
  • Judicial district: means the following:
  (i) With regard to the circuit court, the county. See Michigan Laws 761.1
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Magistrate: means a judge of the district court or a judge of a municipal court. See Michigan Laws 761.1
  • Make-ready work: means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines. See Michigan Laws 460.1307
  • Micro wireless facility: means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length. See Michigan Laws 460.1307
  • Misdemeanor: means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1
  • 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
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ordinance violation: means either of the following:
    •   (i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See Michigan Laws 460.1307
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1
  • Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Rate: means a recurring charge. See Michigan Laws 460.1307
  • 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
  • Small cell wireless facility: means a wireless facility that meets both of the following requirements:
    •   (i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet. 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • Venue: The geographical location in which a case is tried.
  • Wireless facility: means equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. See Michigan Laws 460.1309
  • Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with an authority under this act, provides written authorization to perform the work on behalf of a wireless services provider. 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
  • Wireless services provider: means a person that provides wireless services. See Michigan Laws 460.1309
  • Wireless support structure: means a freestanding structure designed to support or capable of supporting small cell wireless facilities. See Michigan Laws 460.1309
  • Wireline backhaul facility: means a facility used to transport services by wire or fiber-optic cable from a wireless facility to a network. See Michigan Laws 460.1309