METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHTS-OF-WAY OVERSIGHT ACT (EXCERPT)
Act 48 of 2002
***** 484.3102 THIS SECTION IS AMENDED BY ACT 404 OF 2012 EFFECTIVE WHEN CONDITIONS APPLIED BY ENACTING SECTION 1 OF ACT 404 OF 2012 ARE MET: See 484.3102.amended *****
***** 484.3102 THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2014, IF THE CONDITIONS APPLIED IN ENACTING SECTION 2 OF ACT 88 OF 2014 ARE MET: See 484.3102.amended *****
As used in this act:
(a) “Authority” means the metropolitan extension telecommunications rights-of-way oversight authority created in section 3.
(b) “Broadband internet access transport services” means the broadband transmission of data between an end-user and the end-user's internet service provider's point of interconnection at a speed of 200 or more kilobits per second to the end-user's premises.
(c) “Commission” means the Michigan public service commission in the department of consumer and industry services.
(d) “Exchange” means that term as defined under section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
(e) “Incumbent local exchange carrier” means that term as defined under section 251(h) of title II of the communications act of 1934, chapter 652, 110 Stat. 61, 47 U.S.C. 251.
(f) “Metropolitan area” means 1 or more municipalities located, in whole or in part, within a county having a population of 10,000 or more or a municipality that enacts an ordinance or resolution electing to be classified as part of a metropolitan area under this act.
(g) “Municipality” means a township, city, or village.
(h) “Person” means an individual, corporation, partnership, association, governmental entity, or any other legal entity.
(i) “Public right-of-way” means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. Public right-of-way does not include a federal, state, or private right-of-way.
(j) “Telecommunication facilities” or “facilities” means the equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals. Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in section 332(d) of part I of title III of the communications act of 1934, chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 C.F.R. 20.3, and service provided by any wireless, 2-way communications device.
(k) “Telecommunication provider”, “provider”, and “telecommunication services” mean those terms as defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102. Telecommunication provider does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in section 332(d) of part I of the communications act of 1934, chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 C.F.R. 20.3, or service provided by any wireless, 2-way communication device. For the purposes of this act only, a provider also includes all of the following:
(i) A cable television operator that provides a telecommunication service.
(ii) Except as otherwise provided by this act, a person who owns telecommunication facilities located within a public right-of-way.
(iii) A person providing broadband internet transport access service.
History: 2002, Act 48, Eff. Nov. 1, 2002
© 2009 Legislative Council, State of Michigan