Michigan Compiled Laws
Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339)
Section 460.1339 - Scope of Act; Application to and Effect on Certain Electric Utilities.

Sec. 39.
(1) This act does not add to, replace, or supersede any law regarding poles or conduits, similar structures, or equipment of any type owned or controlled by an investor-owned utility whose rates are regulated by the MPSC, an affiliated transmission company, an independent transmission company, or, except as provided in section 7(e), a cooperative electric utility.
(2) This act does not impose or otherwise affect any rights, controls, or contractual obligations of an investor-owned utility whose rates are regulated by the MPSC, an affiliated transmission company, an independent transmission company or, except as provided in section 7(e), a cooperative electric utility with respect to its poles or conduits, similar structures, or equipment of any type.
(3) Except for purposes of a wireless provider obtaining a permit to occupy a right-of-way, this act does not affect an investor-owned utility whose rates are regulated by the MPSC. Notwithstanding any other provision of this act, pursuant to and consistent with section 6g of 1980 PA 470, MCL 460.6g, the MPSC has sole jurisdiction over attachment of wireless facilities on the poles, conduits, and similar structures or equipment of any type or kind owned or controlled by an investor-owned utility whose rates are regulated by the MPSC.
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.