Municipal Code
CHAPTER 1026 Telecommunications and Public
Rights-of-Way
1026.01 Purpose, conflict.
1026.02 Terms defined.
1026.03 Permit required.
1026.04 Issuance of permit.
1026.05 Construction/engineering permit.
1026.06 Conduit or utility poles.
1026.07 Route maps.
1026.08 Repair of damage.
1026.09 Establishment and payment of maintenance fee.
1026.10 Modification of existing fees.
1026.11 Savings clause.
1026.12 Use of funds.
1026.13 Annual report.
1026.14 Cable television operators.
1026.15 Existing rights.
1026.16 Compliance.
1026.17 Reservation of police powers.
1026.18 Authorized officials.
1026.99 Penalty.
1026.01 PURPOSE, CONFLICT.
(a) The purposes of this chapter are to regulate access
to and ongoing use of public rights-of-way by
telecommunications providers for their
telecommunications facilities while protecting the
public health, safety, and welfare and exercising
reasonable control of the public rights-of-way in
compliance with the Metropolitan Extension
Telecommunications Rights-of-Way Oversight Act (Public
Act No. 48 of 2002) (Act) and other applicable law, and
to ensure that the Village qualifies for distributions
under the Act by modifying the fees charged to providers
and complying with the Act.
(b) Nothing in this chapter shall be construed in such a
manner as to conflict with the Act or other applicable
law.
(Ord. 2002 07. Passed 11 11 02.)
1026.02 TERMS DEFINED.
(a) The terms used in this chapter shall have the
following meanings:
(1) Act means the Metropolitan Extension
Telecommunications Rights-of-Way Oversight Act (Public
Act No. 48 of 2002), as amended from time to time.
(2) Council means the Village Council of the Village of
Franklin or its designee. This section does not
authorize delegation of any decision or function that is
required by law to be made by the Council.
(3) Permit means a non-exclusive permit issued pursuant
to the Act and this chapter to a telecommunications
provider to use the public rights-of-way in the Village
for its telecommunications facilities.
(4) Village means the Village of Franklin.
(5) Village Administrator means the Village
Administrator or his or her designee.
(b) All other terms used in this chapter shall have the
same meaning as defined or as provided in the Act,
including without limitation the following:
(1) Authority means the Metropolitan Extension
Telecommunications Rights-of-Way Oversight Authority
created pursuant to Section 3 of the Act.
(2) MPSC means the Michigan Public Service Commission in
the Department of Consumer and Industry Services, and
shall have the same meaning as the term Commission in
the Act.
(3) Person means an individual, corporation,
partnership, association, governmental entity, or any
other legal entity.
(4) 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.
(5) 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. ATelecommunication facilities@ or
Afacilities@ 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 CFR 20.3, and
service provided by any wireless, two-way communication
device.
(6) Telecommunications Provider, Provider and
Telecommunications Services mean those terms as defined
in Section 102 of the Michigan Telecommunications Act,
Public Act No. 179 of 1991, being M.C.L.A. 484.2102.
ATelecommunications 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 CFR 20.3, or service provided by any
wireless, two-way communication device. For the purpose
of the Act and this chapter only, a provider also
includes all of the following:
A. A cable television operator that provides a
telecommunications service.
B. Except as otherwise provided by the Act, a person who
owns telecommunication facilities located within a
public right-of-way.
C. A person providing broadband internet transport
access service.
(Ord. 2002 07. Passed 11 11 02.)
1026.03 PERMIT REQUIRED.
(a) Permit Required. Except as otherwise provided in the
Act, a telecommunications provider using or seeking to
use public rights-of-way in the Village for its
telecommunications facilities shall apply for and obtain
a permit pursuant to this chapter.
(b) Application. 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 Village Clerk, one copy with the
Village Administrator, and one copy with the Village
Attorney. 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 facilities in
accordance with Section 6(5) of the Act.
(c) Confidential Information. If a telecommunications
provider claims that any portion of the route maps
submitted by it as part of its application contain trade
secret, proprietary, or confidential information, that
is exempt from public disclosure under the Freedom of
Information Act, Public Act No. 442 of 1976, being
M.C.L.A. 15.231 to 15.246, pursuant to Section 6(5) of
the Act, the telecommunications provider shall
prominently so indicate on the face of each map.
(d) Application Fee. Except as otherwise provided by the
Act, the application shall be accompanied by a one-time
non-refundable application fee in the amount of five
hundred dollars ($500.00).
(e) Additional Information. The Village Administrator
may request an applicant to submit such additional
information which the Village Administrator 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 Village Administrator. If the Village
and the applicant cannot agree on the requirement of
additional information requested by the Village, the
Village or the applicant shall notify the MPSC as
provided in Section 6(2) of the Act.
(f) Previously Issued Permits. Pursuant to Section 5(1)
of the Act, authorizations or permits previously issued
by the Village under Section 251 of the Michigan
Telecommunications Act, Public Act No. 179 of 1991,
being M.C.L.A. 484.2251, and authorizations or permits
issued by the Village to telecommunications providers
prior to the 1995 enactment of Section 251 of the
Michigan Telecommunications Act but after 1985 shall
satisfy the permit requirements of this chapter.
(g) 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 facilities located in a public right-of-way in the
Village as of such date, that has not previously
obtained authorization or a permit under Section 251 of
the Michigan Telecommunications Act, Public Act No. 179
of 1991, being M.C.L.A. 484.2251, shall submit to the
Village an application for a permit in accordance with
the requirements of this chapter. Pursuant to Section
5(3) of the Act, a telecommunications provider
submitting an application under this division is not
required to pay the five hundred dollar ($500.00)
application fee required under division (d) of this
section. A provider under this division shall be given
up to an additional 180 days to submit the permit
application if allowed by the Authority, as provided in
Section 5(4) of the Act.
(Ord. 2002 07. Passed 11 11 02.)
1026.04 ISSUANCE OF PERMIT.
(a) Approval or Denial. The Village Council shall have
the authority to approve or deny an application for a
permit. Pursuant to Section 15(3) of the Act, the
Village Council shall approve or deny an application for
a permit within 45 days from the date a
telecommunications provider files an application for a
permit under Section 1026.03(b) for access to a public
right-of-way within the Village. Pursuant to Section
6(6) of the Act, the Village Council shall notify the
MPSC when the Village Council has granted or denied a
permit, including information regarding the date on
which the application was filed and the date on which
permit was granted or denied. The Village Council shall
not unreasonably deny an application for a permit.
(b) Form of Permit. If an application for permit is
approved, the Village Council shall issue the permit in
the form approved by the MPSC, with or without
additional or different permit terms, in accordance with
Sections 6(1), 6(2) and 15 of the Act.
(c) Conditions. Pursuant to Section 15(4) of the Act,
the Village Council may impose conditions on the
issuance of a permit, which conditions shall be limited
to the telecommunications provider’s access and usage of
the public right-of-way.
(d) Bond Requirement. Pursuant to Section 15(3) of the
Act, and without limitation on division (c) of this
section, the Village Council may require that a bond be
posted by the telecommunications provider as a condition
of the permit. If a bond is required, it shall not
exceed the reasonable cost to ensure that the public
right-of-way is returned to its original condition
during and after the telecommunications provider’s
access and use.
(Ord. 2002 07. Passed 11 11 02.)
1026.05 CONSTRUCTION/ENGINEERING PERMIT.
A telecommunications provider shall not commence
construction upon, over, across, or under the public
rights-of-way in the Village without first obtaining a
construction or engineering permit as required under
Part Ten of this code, as amended, for construction
within the public rights-of-way. No fee shall be charged
for such a construction or engineering permit.
(Ord. 2002 07. Passed 11 11 02.)
1026.06 CONDUIT OR UTILITY POLES.
Pursuant to Section 4(3) of the Act, obtaining a permit
or paying the fees required under the Act or under this
chapter does not give a telecommunications provider a
right to use conduit or utility poles.
(Ord. 2002 07. Passed 11 11 02.)
1026.07 ROUTE MAPS.
Pursuant to Section 6(7) of the Act, a
telecommunications provider shall, within 90 days after
the substantial completion of construction of new
telecommunications facilities in the Village, submit
route maps showing the location of the
telecommunications facilities to both the MPSC and to
the Village. The route maps should be in paper and
electronic format unless and until the MPSC determines
otherwise, in accordance with Section 6(8) of the Act.
(Ord. 2002 07. Passed 11 11 02.)
1026.08 REPAIR OF DAMAGE.
Pursuant to Section 15(5) of the Act, a
telecommunications provider undertaking an excavation or
constructing or installing telecommunications facilities
within a public right-of-way or temporarily obstructing
a public right-of-way in the Village, as authorized by a
permit, shall promptly repair all damage done to the
street surface and all installations under, over, below,
or within the public right-of-way and shall promptly
restore the public right-of-way to its preexisting
condition.
(Ord. 2002 07. Passed 11 11 02.)
1026.09 ESTABLISHMENT AND PAYMENT OF MAINTENANCE FEE.
In addition to the non-refundable application fee paid
to the Village set forth in Section 1026.03(d) above, a
telecommunications provider with telecommunications
facilities in the Village’s public rights-of-way shall
pay an annual maintenance fee to the Authority pursuant
to Section 8 of the Act.
(Ord. 2002 07. Passed 11 11 02.)
1026.10 MODIFICATION OF EXISTING FEES.
In compliance with the requirements of Section 13(1) of
the Act, the Village hereby modifies, to the extent
necessary, any fees charged to telecommunications
providers after November 1, 2002, the effective date of
the Act, relating to access and usage of the public
rights-of-way, to an amount not exceeding the amounts of
fees and charges required under the Act, which shall be
paid to the Authority. In compliance with the
requirements of Section 13(4) of the Act, the Village
also hereby approves modification of the fees of
providers with telecommunication facilities in public
rights-of-way within the Village’s boundaries, so that
those providers pay only those fees required under
Section 8 of the Act. The Village shall provide each
telecommunications provider affected by the fee with a
copy of this chapter, in compliance with the requirement
of Section 13(4) of the Act. To the extent any fees are
charged telecommunications providers in excess of the
amounts permitted under the Act, or which are otherwise
inconsistent with the Act, such imposition is hereby
declared to be contrary to the Village’s policy and
intent, and upon application by a provider or discovery
by the Village, shall be promptly refunded as having
been charged in error.
(Ord. 2002 07. Passed 11 11 02.)
1026.11 SAVINGS CLAUSE.
Pursuant to Section 13(5) of the Act, if Section 8 of
the Act is found to be invalid or unconstitutional, the
modification of fees under Section 1026.10 above shall
be void from the date the modification was made.
(Ord. 2002 07. Passed 11 11 02.)
1026.12 USE OF FUNDS.
Pursuant to Section 10(4) of the Act, all amounts
received by the Village from the Authority shall be used
by the Village solely for rights-of-way related
purposes. In conformance with that requirement, all
funds received by the Village from the Authority shall
be deposited into the Major Street Fund and/or the Local
Street Fund maintained by the Village under Public Act
No. 51 of 1951.
(Ord. 2002 07. Passed 11 11 02.)
1026.13 ANNUAL REPORT.
Pursuant to Section 10(5) of the Act, the Village
Administrator may file an annual report with the
Authority on the use and disposition of funds annually
distributed by the Authority.
(Ord. 2002 07. Passed 11 11 02.)
1026.14 CABLE TELEVISION OPERATORS.
Pursuant to Section 13(6) of the Act, the Village shall
not hold a cable television operator in default or seek
any remedy for its failure to satisfy an obligation, if
any, to pay after November 1, 2002, the effective date
of this Act, a franchise fee or similar fee on that
portion of gross revenues from charges the cable
operator received for cable modem services provided
through broadband internet transport access services.
(Ord. 2002 07. Passed 11 11 02.)
1026.15 EXISTING RIGHTS.
Pursuant to Section 4(2) of the Act, except as expressly
provided herein with respect to fees, this chapter shall
not affect any existing rights that a telecommunications
provider or the Village may have under a permit issued
by the Village or under a contract between the Village
and a telecommunications provider related to the use of
the public rights-of-way.
(Ord. 2002 07. Passed 11 11 02.)
1026.16 COMPLIANCE.
The Village hereby declares that its policy and intent
in adopting this chapter is to fully comply with the
requirements of the Act, and the provisions hereof
should be construed in such a manner as to achieve that
purpose. The Village shall comply in all respects with
the requirements of the Act, including but not limited
to the following:
(a) Exempting certain route maps from the Freedom of
Information Act, Public Act No. 442 of 1976, being
M.C.L.A. 15.231 to 15.246, as provided in division
1026.03(c);
(b) Allowing certain previously issued permits to
satisfy the permit requirements hereof, in accordance
with division 1026.03(f);
(c) Allowing existing providers additional time in which
to submit an application for a permit, and excusing such
providers from the five hundred dollar ($500.00)
application fee, in accordance with Section 1026.03(g);
(d) Approving or denying an application for a permit
within 45 days from the date a telecommunications
provider files an application for a permit for access to
and usage of a public right-of-way within the Village,
in accordance with Section 1026.04(a);
(e) Notifying the MPSC when the Village has granted or
denied a permit, in accordance with Section 1026.04(a);
(f) Not unreasonably denying an application for a
permit, in accordance with Section 1026.04(a);
(g) Issuing a permit in the form approved by the MPSC,
with or without additional or different permit terms, as
provided in Section 1026.04(b);
(h) Limiting the conditions imposed on the issuance of a
permit to the telecommunications provider’s access and
usage of the public right-of-way, in accordance with
Section 1026.04(c);
(i) Not requiring a bond of a telecommunications
provider which exceeds the reasonable cost to ensure
that the public right-of-way is returned to its original
condition during and after the telecommunication
provider’s access and use, in accordance with Section
1026.04(d);
(j) Not charging any telecommunications providers any
additional fees for construction or engineering permits,
in accordance with Section 1026.05;
(k) Providing each telecommunications provider affected
by the Village’s right-of-way fees with a copy of this
chapter, in accordance with Section 1026.10;
(l) Submitting an annual report to the Authority, in
accordance with Section 1026.13; and
(m) Not holding a cable television operator in default
for a failure to pay certain franchise fees, in
accordance with Section 1026.14.
(Ord. 2002 07. Passed 11 11 02.)
1026.17 RESERVATION OF POLICE POWERS.
Pursuant to Section 15(2) of the Act, this chapter shall
not limit the Village’s right to review and approve a
telecommunication provider’s access to and ongoing use
of a public right-of-way or limit the Village’s
authority to ensure and protect the health, safety, and
welfare of the public.
(Ord. 2002 07. Passed 11 11 02.)
1026.18 AUTHORIZED OFFICIALS.
The Village Administrator or his or her designee is
hereby designated as the authorized Village official to
issue municipal civil infraction citations or municipal
civil infraction violation notices for violations under
this chapter as provided by the Village Code.
(Ord. 2002 07. Passed 11 11 02.)
1026.99 PENALTY.
A person who violates any provision of this chapter or
the terms or conditions of a permit is responsible for a
municipal civil infraction, and shall be subject to a
civil fine, sanctions and remedies as prescribed in
Section 202.99(a)(3) of the Codified Ordinances.
(Ord. 2002 07. Passed 11 11 02.)
