§ 24.5-4. Permit or license required.

(a)

Permit or license required.

(1)

Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the city for its telecommunications facilities shall apply for and obtain a permit pursuant to this article.

(2)

Anyone seeking to use the public rights-of-way in the city for facilities that are not otherwise eligible for a permit under the Act (such as antennas and supporting structures) in order to provide telecommunications services shall apply for and obtain a license pursuant to this article.

(b)

Application.

(1)

Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with Section 6(1) of the Act. A telecommunications provider shall file one copy of the application with the city clerk, one copy with the department of engineering, and one copy with the city manager. Upon receipt, the city clerk shall make three (3) copies of the application and distribute a copy to the city attorney, the department of public works, and the neighborhood and economic operations department building inspection division. Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider's existing and proposed telecommunications facilities in accordance with Section 6(5) of the Act.

(2)

Applicants seeking to provide telecommunications services using the public rights-of-way with facilities that are not eligible for a permit under the Act shall file with the city the same information required under subsection (1) above.

(c)

Confidential information. If an applicant claims that any portion of the route maps submitted by it as part of its application contain trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to Section 6(5) of the Act, the applicant shall prominently so indicate on the face of each map. Confidentiality is only granted if there is full compliance with the Freedom of Information Act.

(d)

Application fee. Except as otherwise provided by the Act, the application for either a permit or license under this article shall be accompanied by a one-time non-refundable application fee in the amount of five hundred dollars ($500.00). For applicants for both a permit and a license, the one-time fee must be paid for each.

(e)

Additional information. The city manager may request an applicant to submit such additional information which the city manager deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the city manager. If the city and the applicant cannot agree on the requirement of additional information requested by the city, the city or the applicant shall notify the MPSC as provided in Section 6(2) of the Act.

(f)

Existing providers. Pursuant to Section 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with telecommunications facilities located in a public right-of-way in the city as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251, shall submit to the city an application for a permit in accordance with the requirements of this article. Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application for a permit under this subsection is not required to pay the five hundred dollar ($500.00) application fee required under subsection (c) above. A provider under this subsection shall be given up to an additional one hundred eighty (180) days to submit the permit application if allowed by the authority, as provided in Section 5(4) of the Act.

(Ord. No. 2017-07, § 2, 5-2-17)