Michigan Compiled Laws
Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315)
Section 484.3308 - Installation, Construction, and Maintenance of Video Service or Communications Network Within Public Right-of-Way; Access; Fee; Limitation.

Sec. 8.
(1) A franchising entity shall allow a video service provider to install, construct, and maintain a video service or communications network within a public right-of-way and shall provide the provider with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.
(2) A franchising entity may not discriminate against a video service provider to provide video service for any of the following:
(a) The authorization or placement of a video service or communications network in public rights-of-way.
(b) Access to a building owned by a governmental entity.
(c) A municipal utility pole attachment.
(3) A franchising entity may impose on a video service provider a permit fee only to the extent it imposes such a fee on incumbent video providers, and any fee shall not exceed the actual, direct costs incurred by the franchising entity for issuing the relevant permit. A fee under this section shall not be levied if the video service provider already has paid a permit fee of any kind in connection with the same activity that would otherwise be covered by the permit fee under this section or is otherwise authorized by law or contract to place the facilities used by the video service provider in the public rights-of-way or for general revenue purposes.
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.