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Act 48 of 2002
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METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHTS-OF-WAY OVERSIGHT ACT

Act 48 of 2002

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


© 2009 Legislative Council, State of Michigan

The People of the State of Michigan enact:

DocumentTypeDescription
Section 484.3101SectionShort title; purpose of act.
Section 484.3102SectionDefinitions.
Section 484.3102.amendedSectionDefinitions.
Section 484.3103SectionMetropolitan extension telecommunications rights-of-way oversight authority; establishment within department of consumer and industry services; director of authority; appointment; duties; power of authority to assess fees; annual report; rules.
Section 484.3103.amendedSectionLocal 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.
Section 484.3104SectionEnactment of local laws; limitation; existing rights.
Section 484.3105SectionUse 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.
Section 484.3106SectionApplications 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.
Section 484.3107SectionInability of provider and municipality to agree; appointment of mediator by commission; determination by commission; issuance; extension.
Section 484.3108SectionMaintenance fee.
Section 484.3109SectionFee discount.
Section 484.3110SectionFee-sharing payments.
Section 484.3111SectionFee sharing; allocation of fund under section 10(1); excluded municipalities.
Section 484.3112SectionFee sharing; allocation of fund under section 10(2); weighted linear feet; excluded municipalities.
Section 484.3113SectionModification of fees by municipality.
Section 484.3114SectionTelecommunication or cable modem service through broadband internet access transport service; requirements; exceptions; violation; complaint.
Section 484.3115SectionProvider access to and use of public rights-of-way.
Section 484.3116SectionCable franchise.
Section 484.3117SectionReview of decision or review.
Section 484.3118SectionComplaint; proceeding; remedies and penalties.
Section 484.3119SectionProvisions found invalid or unconstitutional; effect.
Section 484.3120SectionSupreme court opinion; request by legislature or governor.