§ 38-21. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Uniform Video Services Local Franchise Act, being Act 480 of the Public Acts of 2007 (MCL 484.3301 et seq.), as amended from time to time.

Claims shall have the meaning set forth in section 38-25(a).

Facilities means the lines, equipment and other facilities of a permittee which use or occupy the public right-of-way in the delivery of video services in the city.

Franchise agreement means the franchise agreement entered into or possessed by a video service provider with the city as required by section 3(1) of the Act (MCL 484.3103(1)), if it is the standardized, uniform form of franchise agreement established by the MPSC.

Manager means the city manager or his designee.

Metro Act means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being Act No. 48 of the Public Acts of 2002 (MCL 484.3101 et seq.).

Metro Act permit means a permit to use the public right-of-way issued by the city under its ordinance implementing the Metro Act after a provider's application for same to the city as set forth in such ordinance.

Metro authority shall have the same meaning as "Authority" in the Metro Act.

MPSC means the Michigan Public Service Commission, and shall have the same meaning as the term "Commission" in the Act and the Metro Act.

Permittee.

(1)

The term "permittee" means a video service provider with a currently valid franchise agreement but without a currently valid Metro Act permit.

(2)

Upon applying to the city for and then obtaining a Metro Act permit from the city, a video service provider is not a permittee and is no longer required to comply with this article. A video service provider is also not a permittee and is not required to comply with this article if it and the city enter into a voluntary franchise agreement as described in section 38-29(b).

Person means an individual, corporation, association, partnership, governmental entity, or any other legal entity.

Public right-of-way shall have the same meaning as in the Act.

Street construction and street resurfacing shall have the meanings set forth in section 38-24(h).

Video service shall have the same meaning as in the Act.

Video service provider shall have the same meaning as in the Act.

(Ord. No. 2007-14, § 3(7.203), 12-17-2007)