Michigan Compiled Laws
Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)
Section 484.3104 - Enactment of Local Laws; Limitation; Existing Rights.

Sec. 4.
(1) Except as otherwise provided by this act, after the effective date of this act, a municipality in a metropolitan area shall not enact, maintain, or enforce an ordinance, local law, or other legal requirement applicable to telecommunication providers that is inconsistent with this act or that assesses fees or requires other consideration for access to or use of the public rights-of-way that are in addition to the fees required under this act.
(2) This act shall not affect any existing rights that a provider or municipality may have under a permit issued by a municipality or contract between the municipality and the provider related to the use of the public rights-of-way.
(3) Obtaining a permit or paying the fees required under this act does not give a provider a right to use conduit or utility poles.
History: 2002, Act 48, Eff. Nov. 1, 2002

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 484 - Telephone, Telegraph, and Radio

Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)

Section 484.3101 - Short Title; Purpose of Act.

Section 484.3102 - Definitions.

Section 484.3103 - Local Community Stabilization Authority; Powers, Duties, Functions, and Responsibilities; Annual Report; Rules; Transfer of Certain Powers, Duties, Records, and Funds From Metropolitan Extension Telecommunications Rights-of-Way Ove...

Section 484.3104 - Enactment of Local Laws; Limitation; Existing Rights.

Section 484.3105 - Use of Public Rights-of-Way; Providers Subject to Permit and Fee Requirements; Facilities Located in Public Right-of-Way at Effective Date of Act; Permit Application.

Section 484.3106 - Applications and Permits Issued After Effective Date of Act; Form and Process; Disagreement on Terms; Appointment of Mediator; Determination by Commissioner; Extension; Request for Emergency Relief; Filing Permit Application With M...

Section 484.3107 - Inability of Provider and Municipality to Agree; Appointment of Mediator by Commission; Determination by Commission; Issuance; Extension.

Section 484.3108 - Maintenance Fee.

Section 484.3109 - Fee Discount.

Section 484.3110 - Fee-Sharing Payments.

Section 484.3111 - Fee Sharing; Allocation of Fund Under Section 10(1); Excluded Municipalities.

Section 484.3112 - Fee Sharing; Allocation of Fund Under Section 10(2); Weighted Linear Feet; Excluded Municipalities.

Section 484.3113 - Modification of Fees by Municipality.

Section 484.3114 - Telecommunication or Cable Modem Service Through Broadband Internet Access Transport Service; Requirements; Exceptions; Violation; Complaint.

Section 484.3115 - Provider Access to and Use of Public Rights-of-Way.

Section 484.3116 - Cable Franchise.

Section 484.3117 - Review of Decision or Review.

Section 484.3118 - Complaint; Proceeding; Remedies and Penalties.

Section 484.3119 - Provisions Found Invalid or Unconstitutional; Effect.

Section 484.3120 - Supreme Court Opinion; Request by Legislature or Governor.