Michigan Compiled Laws
Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)
Section 484.3109 - Fee Discount.

Sec. 9.
(1) If 2 or more providers implement a shared use arrangement and meet the requirements of this section, each provider participating in the arrangement is entitled to a discount of the fees required under section 8 as provided under this section.
(2) To qualify for the shared use discount, each participating provider shall do all of the following:
(a) To the extent permitted by the safety provisions of the applicable electrical code, occupy and use the same poles, trenches, conduits, ducts, or other common spaces or physical facilities jointly with another provider.
(b) Coordinate the construction or installation of its own facilities with the construction schedules of another provider so that any pavement cuts, excavation, construction, or other activities undertaken to construct or install the facilities occur contemporaneously and do not impair the physical condition, or interrupt the normal uses, of the public rights-of-way on more than 1 occasion.
(c) Enter the shared use arrangement after the effective date of this act.
(3) This section does not apply to the utilization or attachment to poles, trenches, conduits, ducts, or other common facilities that were placed in the public rights-of-way before the effective date of this act.
(4) Two or more providers that qualify for a shared use discount are entitled to a 40% discount of the fees imposed by section 8 for each linear foot of public right-of-way in which the shared use occurs.
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.