Sec. 2.
The legislature finds that certain areas of this state are not being adequately served with broadband services and that, for the benefit of the people of this state and the improvement of their health, welfare, and living conditions, the improvement of the economic and educational welfare of this state, and the improvement of its public safety and security, it is essential that broadband infrastructure be expanded to provide broadband services throughout this state and that the private sector should be encouraged to invest in the deployment of broadband services and networks and that financing by this authority will encourage broadband investment. This act shall provide a method to assure that economic, technological, and logistical integrated broadband services are provided throughout this state on a nondiscriminatory basis. The provision of affordable broadband services and networks will assure the long-term growth of and the enhancement and delivery of services by the educational, medical, commercial, and governmental entities within this state, including, but not limited to, municipalities and counties, public safety facilities, judicial and criminal facilities, telemedical facilities, schools, colleges, universities, hospitals, libraries, community centers, businesses, nonprofit organizations, and residential properties. To increase the speed and availability at which affordable broadband services become available in this state, it is declared to be a valid public purpose to assist in the financing and refinancing of the private and public sectors' development of a statewide broadband infrastructure. It is further declared to be a valid public purpose for the authority created under this act to issue bonds and notes to provide for financing or refinancing to broadband developers and broadband operators, to make loans and provide joint venture and partnership arrangements subject to section 7(2) and (3) to broadband developers and broadband operators, to enter into contracts for the lease or management of all or portions of the broadband infrastructure, and to enter into joint venture and partnership arrangements and partnerships with persons that will acquire, construct, develop, create, maintain, own, and operate all or portions of the broadband infrastructure. The legislature finds that the authority created and powers conferred by this act constitute a necessary program and serve a necessary public purpose.
History: 2002, Act 49, Imd. Eff. Mar. 14, 2002 Compiler's Notes: For transfer of powers and duties of Michigan broadband development authority from department of treasury to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of Michigan broadband development authority and its board of directors, with the exception of powers and duties under MCL 484.3207(1)(d), to the Michigan state housing development authority, and for transfer of powers and duties under MCL 484.3207(1)(d) to Michigan public service commission, see E.R.O. No. 2008-4, compiled at MCL 445.2025.
Structure Michigan Compiled Laws
Chapter 484 - Telephone, Telegraph, and Radio
Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225)
Section 484.3201 - Short Title.
Section 484.3202 - Legislative Findings.
Section 484.3203 - Definitions.
Section 484.3204 - Michigan Broadband Development Authority; Creation; Duties.
Section 484.3207 - Powers of Authority.
Section 484.3210 - Notes and Bonds; Issuance, Renewal, and Refund by Authority.
Section 484.3211 - Notes and Bonds; Issuance by Resolution; Form and Terms; Sale; Prices.
Section 484.3212 - Notes or Bonds; Contents of Resolutions.
Section 484.3213 - Money or Property Pledged and Received by Authority.
Section 484.3214 - Notes or Bonds; Personal Liability.
Section 484.3215 - Notes or Bonds; Power of Authority to Purchase.
Section 484.3217 - Notes or Bonds as Limited Obligations.
Section 484.3219 - Disposition of Money Held by Authority.
Section 484.3220 - Notes and Bonds as Securities; Investment.
Section 484.3221 - Full Faith and Credit Bonds; Issuance; Vote.
Section 484.3222 - Notes and Bonds; Exemption From Tax.
Section 484.3223 - Property; Exemption From Tax.
Section 484.3224 - Annual Report.
Section 484.3225 - New Partnerships or Joint Ventures; Limitation.