§ 40-71. Definitions.

(a)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the metropolitan extension telecommunications rights-of-way oversight act, Public Act No. 48 of 2002 (MCL 484.3101 et seq.).

Permit means a nonexclusive permit issued pursuant to the act and this article to a telecommunications provider to use the public rights-of-way in the village for its telecommunications facilities.

Village council means the village council or its designee. This definition does not authorize delegation of any decision or function that is required by law to be made by the village council.

(b)

All other terms used in this article shall have the same meanings as defined or as provided in the act, including without limitation the following:

Authority means the metropolitan extension telecommunications rights-of-way oversight authority created pursuant to section 3 of the act (MCL 484.3103).

MPSC means the state public service commission in the department of consumer and industry services and shall have the same meaning as the term "commission" in the act.

Public right-of-way means the area on, below, or above a public roadway, highway, street, alley, easement or waterway. The term "public right-of-way" does not include a federal, state, or private right-of-way.

Telecommunications facilities and facilities mean the equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunications services or signals. Telecommunications facilities and facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in section 332(d) of part 1 of title III of the Communications Act of 1934, chapter 652, 48 Stat. 1064, 47 USC 332 and further defined as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.

Telecommunications provider, provider and telecommunications services mean those terms as defined in section 102 of the Michigan telecommunications act, Public Act No. 179 of 1991 (MCL 484.2102). A telecommunications provider does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in section 332(d) of part I of the Communications Act of 1934, chapter 652, 48 Stat. 1064, 47 USC 332 and further defined as commercial mobile radio service in 47 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the act and this article only, a provider also includes all of the following:

(1)

A cable television operator who provides a telecommunications service.

(2)

Except as otherwise provided by the act, a person who owns telecommunications facilities located within a public right-of-way.

(3)

A person providing broadband Internet transport access service.

(Ord. No. 493, § 1, 4-21-2003)

Cross reference

Definitions generally, § 1-2.