Michigan Compiled Laws
Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315)
Section 484.3305 - Renewal or Extension of Existing Franchise Agreement; Unreasonable and Unenforceable Provisions; Burdensome Terms, Conditions, or Requirements.

Sec. 5.
(1) As of the effective date of this act, no existing franchise agreement with a franchising entity shall be renewed or extended upon the expiration date of the agreement.
(2) The incumbent video provider, at its option, may continue to provide video services to the franchising entity by electing to do 1 of the following:
(a) Terminate the existing franchise agreement before the expiration date of the agreement and enter into a new franchise under a uniform video service local franchise agreement.
(b) Continue under the existing franchise agreement amended to include only those provisions required under a uniform video service local franchise.
(c) Continue to operate under the terms of an expired franchise until a uniform video service local franchise agreement takes effect. An incumbent video provider has 120 days after the effective date of this act to file for a uniform video service local franchise agreement.
(3) On the effective date of this act, any provisions of an existing franchise that are inconsistent with or in addition to the provisions of a uniform video service local franchise agreement are unreasonable and unenforceable by the franchising entity.
(4) If a franchising entity authorizes 2 or more video service providers through an existing franchise, a uniform video service local franchise agreement, or an agreement under section 13, the franchising entity shall not enforce any term, condition, or requirement of any franchise agreement that is more burdensome than the terms, conditions, or requirements contained in another franchise agreement.
History: 2006, Act 480, Eff. Jan. 1, 2007

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 484 - Telephone, Telegraph, and Radio

Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315)

Section 484.3301 - Short Title; Definitions.

Section 484.3302 - Uniform Video Service Local Franchise Agreement; Form; Provisions.

Section 484.3303 - Franchise Agreement With Local Unit of Government; Notice of Completion; Approval; Transferability; Termination or Modification; Notice of Change in Information; Duration of Franchise; Renewal; Certain Conditions Prohibited.

Section 484.3304 - Public, Education, and Government Access Channels; Availability; Manner of Retransmission; Interconnection; Editorial Control; Liability; Access to Signals of Local Broadcast Television Station; Prohibited Conduct by Provider; Use...

Section 484.3305 - Renewal or Extension of Existing Franchise Agreement; Unreasonable and Unenforceable Provisions; Burdensome Terms, Conditions, or Requirements.

Section 484.3306 - Video Service Provider Fee; Payment; "Gross Revenues" Defined; Calculation; Additional Fee; Credits; Assessment; Inapplicability of Subsection After December 31, 2009.

Section 484.3307 - Audits; Claims for Unpaid Fees or Refunds; Identification and Collection as Separate Line Item.

Section 484.3308 - Installation, Construction, and Maintenance of Video Service or Communications Network Within Public Right-of-Way; Access; Fee; Limitation.

Section 484.3309 - Denial of Service Access Due to Race or Income; Defense to Violation of Subsection (1); Video Service Requirements; Number of Households; Report on Compliance With Subsections (2) and (3); Use of Alternative Technology; Waiver or T...

Section 484.3310 - Prohibited Conduct; Establishment of Dispute Resolution Process; Notice to Customers; Filing of Complaint; Manner of Dispute Resolution.

Section 484.3311 - Confidentiality.

Section 484.3312 - Administration of Act; Limitations; Report.

Section 484.3313 - Voluntary Franchise Agreement.

Section 484.3314 - Violation; Remedies and Penalties; Costs; Appeal and Review.

Section 484.3315 - Costs to Commission in Exercising Duties; Assessment of Amount Against Each Video Service Provider; Limitation; Deduction; Credit of Payments to Special Account; Applicability of Section.