May 6, 2008, Introduced by Rep. Accavitti and referred to the Committee on Energy and Technology.
A bill to amend 2002 PA 48, entitled
"Metropolitan extension telecommunications rights-of-way oversight
act,"
by amending section 11 (MCL 484.3111).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (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 villages in a
metropolitan area on the basis of the distribution to each city or
village under section 13 of 1951 PA 51, MCL 247.663, for the most
recent year as a proportion of the total distribution to all cities
and villages located in metropolitan areas under section 13 of 1951
PA 51, MCL 247.663, for the most recent year.
(b) 25% to be disbursed to townships in a metropolitan area on
the basis of each township's proportionate share of the total
linear feet of public rights-of-way occupied by providers within
all townships located in metropolitan areas.
(2) Except as otherwise provided under sections 13 and 14,
municipalities that are ineligible under section 13 or 14 shall be
excluded from the computation, allocation, and distribution of
funding under this section.
(3) For the annual period beginning on April 1, 2007 and
ending on March 31, 2008, the authority shall require each
provider, other than a certified cable provider, to make a payment
not later than 30 days after the effective date of the amendatory
act that added this subsection equal to the total annual
maintenance fee determined by the authority for the annual period
beginning on April 1, 2008.
(4) For annual periods beginning after March 31, 2008, the
authority shall require each provider, other than a certified cable
provider, to make quarterly estimated payments as required under
subsection (5) of the annual maintenance fee required under this
act.
(5) The first 3 quarterly payments shall be due on July 29,
October 29, and January 29 of each year and shall equal 25% of the
total annual maintenance fee owed by the provider for the annual
period ending the prior March 31, minus any credits applied as
required by subsection (8). The final quarterly payment shall be
due on April 29 of each year and shall equal the total annual
maintenance fee determined by the authority for the annual period
beginning on the prior April 1 minus the 3 quarterly payments
required under this subsection.
(6) For purposes of section 8(2), the authority shall not be
deemed to have received the annual maintenance fees required under
this act until it has received all quarterly payments required
under subsection (5).
(7) The department of treasury shall invest the maintenance
fee payments required under this section, and the interest and
earnings accrued on the payments shall be used by the authority to
fund the operating expenses and administrative costs of the
authority.
(8) If the interest and earnings accrued on the payments
invested under subsection (7) exceed the amount necessary to fund
the operating expenses and administrative costs of the authority,
the excess interest and earnings shall be credited toward the next
quarterly payment required under subsection (5).
(9) If the interest or earnings accrued on the payments
invested under subsection (7) are less than the amount necessary to
fund the operating expenses and administrative costs of the
authority, the authority shall withhold from the total amount
available for allocation and disbursement under subsection (1) an
amount, not to exceed 3%, determined by the authority as necessary
to fund the operating expenses and administrative costs of the
authority after applying the interest and earnings accrued under
subsection (7).
(10) As used in this section, "certified cable provider" means
a cable provider that has made a certification under section 8(12).