Michigan Compiled Laws
Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339)
Section 460.1333 - Bonding Requirements; Limitations.

Sec. 33.
(1) As a condition of a permit described in this act, an authority may adopt bonding requirements for small cell wireless facilities if both of the following requirements are met:
(a) The authority imposes similar requirements in connection with permits issued for similarly situated users of the ROW.
(b) The purpose of the bonds is 1 or more of the following:
(i) To provide for the removal of abandoned or improperly maintained small cell wireless facilities, including those that an authority determines should be removed to protect public health, safety, or welfare.
(ii) To repair the ROW as provided under section 13(10).
(iii) To recoup rates or fees that have not been paid by a wireless provider in more than 12 months, if the wireless provider has received 60-day advance notice from the authority of the noncompliance.
(2) An authority shall not require either of the following under subsection (1):
(a) A cash bond, unless any of the following apply:
(i) The wireless provider has failed to obtain or maintain a bond required under this section.
(ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider.
(b) A bond in an amount exceeding $1,000.00 per small cell wireless facility.
History: 2018, Act 365, Eff. Mar. 12, 2019

Structure Michigan Compiled Laws

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 460.1313 - Activities of Wireless Provider in Public Right of Way; Exclusive Arrangement Prohibited; Rates; Ordinance Compliance; Installation and Concealment Requirements; Waiver of Undergrounding Requirements; Repair Damage to Right of Way.

Section 460.1315 - Permitted Activities of Wireless Provider in Right of Way; Application; Determination; Notice; Denial; Consolidated Application; Extension; Fees; Revocation; Moratorium Prohibited; Notice of Discontinuance of Use.

Section 460.1317 - Zoning Review and Approval; Application; Approval or Denial Requirements; Fees; Moratorium Prohibited; Revocation.

Section 460.1319 - Authority Poles; Exclusive Arrangement Prohibited; Limitation on Rates, Fees, and Terms; Elimination of Aboveground Poles.

Section 460.1321 - Municipally Owned Electric Utility; Collocation on Nonauthority Poles; Standards; Application Process; Moratorium Prohibited; Rates; Make-Ready Work.

Section 460.1323 - Attaching Entity; Standards; Compliance; Rate; Civil Action.

Section 460.1325 - Jurisdiction; Authority; Certain Interior Structures, Campuses, Stadiums, and Athletic Facilities.

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.