§ 38-119. Permit required.

(a)

Permit. 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.

(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 (MCL 484.3106(1)). A telecommunication provider shall file one copy of the application with the city clerk, one copy with the city manager, and one copy with the city attorney. Upon receipt, the city clerk shall make five copies of the application and distribute a copy to city councilmembers. 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 (MCL 484.3106(5)).

(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, which is exempt from the freedom of information act, Public Act No. 442 of 1976 (MCL 15.231 et seq.), pursuant to section 6(5) of the act (MCL 484.3106(5)), 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 nonrefundable application fee in the amount of $500.00.

(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 (MCL 484.3106(2)).

(f)

Previously issued permits. Pursuant to section 5(1) of the act (MCL 484.3105(1)), authorizations or permits previously issued by the city under section 251 of the Michigan Telecommunications Act, Public Act No. 179 of 1991 (MCL 484.2251) and authorizations or permits issued by the city 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 article.

(g)

Existing providers. Pursuant to section 5(3) of the act (MCL 484.3105(3)), 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 city 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 (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 (MCL 484.3105(3)), a telecommunications provider submitting an application under this subsection is not required to pay the $500.00 application fee required under subsection (d) of this section. A provider under this subsection 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 (MCL 484.3105(4)).

(Prior Code, § 4.174; Ord. No. 2002-22, 10-21-2002)