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
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.