Michigan Compiled Laws Act 48 Of 2002 Metropolitan Extension Telecommunications Rights-of-way Oversight Act (484.3101 - 484.3120)

AN ACT to create a telecommunication rights-of-way oversight authority; to provide for fees; to prescribe the powers and duties of municipalities and certain state agencies and officials; to provide for penalties; and to repeal acts and parts of acts.

History: 2002, Act 48, Eff. Nov. 1, 2002

Section 484.3101 Short Title; Purpose Of Act.
(1) This act shall be known and may be cited as the “metropolitan extension telecommunications rights-of-way oversight act”. (2) The purpose of this act...
Section 484.3102 Definitions.
As used in this act: (a) "Authority" means the metropolitan authority created under the local community stabilization authority act. (b) "Broadband internet access transport...
Section 484.3103 Local Community Stabilization Authority; Powers, Duties, Functions, And Responsibilities; Annual Report; Rules; Transfer Of Certain Powers, Duties, Records, And Funds From Metropolitan Extension Telecommunications Rights-of-way Oversight Authority To The Authority; Abolishment; Duties Of Director Of Department Of Licensing And Regulatory Affairs And State Budget Director; Suit, Action, Or Other Proceeding; Effect Of Rules, Regulations, Orders, Contracts, And Agreements Adopted Before October 1, 2014.
(1) The local community stabilization authority shall exercise the powers, duties, functions, and responsibilities vested in the authority under this act and may contract...
Section 484.3104 Enactment Of Local Laws; Limitation; Existing Rights.
(1) Except as otherwise provided by this act, after the effective date of this act, a municipality in a metropolitan area shall not enact,...
Section 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.
(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...
Section 484.3106 Applications And Permits Issued After Effective Date Of Act; Form And Process; Disagreement On Terms; Appointment Of Mediator; Determination By Commissioner; Extension; Request For Emergency Relief; Filing Permit Application With Municipality; Route Maps; Maintenance Of Website By Commission.
(1) For applications and permits issued after the effective date of this act, the commission shall prescribe the form and application process to be...
Section 484.3107 Inability Of Provider And Municipality To Agree; Appointment Of Mediator By Commission; Determination By Commission; Issuance; Extension.
If a provider and 1 or more municipalities are unable to agree on arrangements for coordinating and minimizing the disruption of public rights-of-way, ensuring...
Section 484.3108 Maintenance Fee.
(1) Except as otherwise provided by this act, a provider shall pay to the authority an annual maintenance fee as required under this act....
Section 484.3109 Fee Discount.
(1) If 2 or more providers implement a shared use arrangement and meet the requirements of this section, each provider participating in the arrangement...
Section 484.3110 Fee-sharing Payments.
(1) Except as reduced by the amount provided for under subsection (2), the authority shall allocate the annual maintenance fees collected under this act...
Section 484.3111 Fee Sharing; Allocation Of Fund Under Section 10(1); Excluded Municipalities.
(1) The authority shall allocate the funding provided for fee sharing under section 10(1) as follows: (a) 75% to be disbursed to cities and...
Section 484.3112 Fee Sharing; Allocation Of Fund Under Section 10(2); Weighted Linear Feet; Excluded Municipalities.
(1) The authority shall allocate the funding provided for fee sharing under section 10(2) as follows: (a) The amount available under this section multiplied...
Section 484.3113 Modification Of Fees By Municipality.
(1) A municipality is not eligible to receive funds under sections 11 and 12 unless by December 31, 2007 the municipality has modified to...
Section 484.3114 Telecommunication Or Cable Modem Service Through Broadband Internet Access Transport Service; Requirements; Exceptions; Violation; Complaint.
(1) Except as otherwise provided by subsection (2), a county, municipality, or an affiliate, shall comply with all of the following requirements: (a) Before...
Section 484.3115 Provider Access To And Use Of Public Rights-of-way.
(1) Except as otherwise provided in this section, a municipality shall, upon application, grant to providers a permit for access to and the ongoing...
Section 484.3116 Cable Franchise.
This act does not affect the requirement of a cable operator to obtain a cable franchise from a municipality. History: 2002, Act 48, Eff....
Section 484.3117 Review Of Decision Or Review.
A decision or assessment of the authority is subject to a de novo review by the commission upon the request of an interested person....
Section 484.3118 Complaint; Proceeding; Remedies And Penalties.
(1) Except as otherwise provided by this act, the time requirements and procedures governing a complaint proceeding under this act shall be the same...
Section 484.3119 Provisions Found Invalid Or Unconstitutional; Effect.
(1) If the application of any provision of section 8 to a certain person is found to be invalid or unconstitutional, that provision and...
Section 484.3120 Supreme Court Opinion; Request By Legislature Or Governor.
Pursuant to section 8 of article III of the state constitution of 1963, either house of the legislature or the governor may request the...

Last modified: October 10, 2016