§ 9.5-5-17. Compliance with the Act.

The City hereby declares that its policy and intent in adopting this article 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 city 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 Michigan Freedom of Information Act, 1976 PA 442, being MCL 15.231 to 15.245, as provided in section 9.5-5-4(c) of this article to the extent permitted by law;

(b)

Allowing certain previously issued permits to satisfy the permit requirements of this chapter, in accordance with section 9.5-5-4(f) of this article;

(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 9.5-5-4(g) of this article;

(d)

Approving or denying an application for a permit within forty-five (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 city, in accordance with section 9.5-5-5(a) of this article;

(e)

Notifying the MPSC when the executive director has granted or denied a permit, in accordance with section 9.5-5-5(a) of this article;

(f)

Not unreasonably denying an application for a permit, in accordance with section 9.5-5-5(a) of this article;

(g)

Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in section 9.5-5-5(b) of this article;

(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 9.5-5-5(c) of this article;

(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 usage, in accordance with section 9.5-5-5(d) of this article;

(j)

Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with section 9.5-5-6 of this article;

(k)

Providing each telecommunications provider affected by the city's right-of-way fees with a copy of this ordinance, in accordance with section 9.5-5-11 of this article;

(l)

Submitting an annual report to the authority, in accordance with section 9.5-5-14 of this article; and

(m)

Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with section 9.5-5-15 of this article.

(Ord. No. 21-02, § 1, 10-30-02)