Sec. 7.
As used in this act:
(a) "Law" means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance.
(b) "Make-ready work" means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines.
(c) "Micro wireless facility" means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length.
(d) "MPSC" means the Michigan Public Service Commission created in section 1 of 1939 PA 3, MCL 460.1.
(e) "Municipally owned electric utility" means a system owned by a municipality or combination of municipalities to furnish power or light and includes a cooperative electric utility that, on or after the effective date of this act, acquired all or substantially all of the assets of a municipal electric utility, when applying this act to the former territory of the municipal electric utility.
(f) "Nonauthority pole" means a utility pole used for electric delivery service and controlled by the governing body of a municipally owned electric utility.
(g) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.
(h) "Public right-of-way" or "ROW" means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right-of-way does not include any of the following:
(i) A private right-of-way.
(ii) A limited access highway.
(iii) Land owned or controlled by a railroad as defined in section 109 of the railroad code of 1993, 1993 PA 354, MCL 462.109.
(iv) Railroad infrastructure.
(i) "Rate" means a recurring charge.
(j) "Small cell wireless facility" means a wireless facility that meets both of the following requirements:
(i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet.
(ii) All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
History: 2018, Act 365, Eff. Mar. 12, 2019
Structure Michigan Compiled Laws
Chapter 460 - Public Utilities
Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339)
Section 460.1301 - Short Title; Purpose of Act.
Section 460.1303 - Definitions; A, B.
Section 460.1305 - Definitions; C to I.
Section 460.1307 - Definitions; L to S.
Section 460.1309 - Definitions; U to W.
Section 460.1311 - Collocation of Small Cell Wireless Facilities; Prohibited Authority.
Section 460.1323 - Attaching Entity; Standards; Compliance; Rate; Civil Action.
Section 460.1327 - Circuit Courts; Jurisdiction; Right to Appeal.
Section 460.1329 - Indemnification; Insurance Requirements.
Section 460.1331 - Fee and Rate Limitations.
Section 460.1333 - Bonding Requirements; Limitations.
Section 460.1335 - Labeling Requirement of Small Cell Wireless Facility.
Section 460.1337 - Payment of Electricity to Operate Small Cell Wireless Facility.
Section 460.1339 - Scope of Act; Application to and Effect on Certain Electric Utilities.