§ 42-97. Compliance.  


Latest version.
  • The city hereby declares that its policy and intent in adopting the ordinance from which this article is derived is to fully comply with the requirements of the act, and the provisions of this article should be construed in such a manner as to achieve such purpose. The city shall comply in all respects with the requirements of the act, including, but not limited to, the following:

    (1)

    Exempting certain route maps from the freedom of information act, Public Act No. 442 of 1976 (MCL 15.231 et seq.), as provided in section 42-84(c);

    (2)

    Allowing certain previously issued permits to satisfy the permit requirements of this article, in accordance with section 42-84(f);

    (3)

    Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the application fee, in accordance with section 42-84(g);

    (4)

    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 city, in accordance with section 42-85(a);

    (5)

    Notifying the MPSC when the city has granted or denied a permit, in accordance with section 42-85(a) of this article;

    (6)

    Not unreasonably denying an application for a permit, in accordance with section 42-85(a);

    (7)

    Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in section 42-85(b);

    (8)

    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 42-85(c);

    (9)

    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 42-85(d);

    (10)

    Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with section 42-86;

    (11)

    Providing each telecommunications provider affected by the city's right-of-way fees with a copy of this article, in accordance with section 42-91;

    (12)

    Submitting an annual report to the authority, in accordance with section 42-94; and

    (13)

    Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with section 42-95.

(Code 1985, ch. 28, § 17)