§ 38-120. Issuance or denial procedures.

(a)

Approval or denial. The authority, to approve or deny an application for a permit, is hereby delegated to the city manager. Pursuant to section 15(3) of the act (MCL 484.3115(3)), the city manager 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 38-119(b) for access to a public right-of-way within the city. Pursuant to section 6(6) of the act (MCL 484.3106(6)), the city manager shall notify the MPSC when the city manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied. The city manager shall not unreasonably deny an application for a permit.

(b)

Form of permit. If an application for permit is approved, the city manager 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 (MCL 484.3106(1), 484.3106(2), 484.3115).

(c)

Conditions. Pursuant to section 15(4) of the act (MCL 484.3115(4)), the city manager 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 (MCL 484.3115(3)), and without limitation on subsection (c) of this section, the city manager 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.

(Prior Code, § 4.175; Ord. No. 2002-22, 10-21-2002)