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Q:
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Has the Metro Authority issued specific guidelines/policy determinations regarding the implementation of the METRO Act?
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A:
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Yes, including the following on the METRO Authority's website: www.michigan.gov/metro
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The METRO Authority's Annual Report Guidelines/Guidelines for the Use of Right-of-Way Funds regarding the report of use of funds by municipalities with populations over 10,000; and Guidelines for the Use of Right-of-Way Funds.
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Determination No. 1- Distributed Antennae Network Systems. Describes the use of existing in-the-ground cable/fiber optic lines to provide/expand wireless signals.
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Determination No. 2- Municipal Administrative Fees. Explains the applicable municipal administrative fees that can be charged to providers for access to and use of public rights-of-way.
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Determination No. 3- Applicability of One-Time $500 Application Fee. Explains the circumstances by which a provider is subject to this fee.
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Determination No. 4- Dispute Resolutions/METRO Authority Decisions. Explains the recourses regarding disputes between municipalities and providers; and decisions of the METRO Authority.
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Determination No. 5 - Public Rights-of-Way Leased/Owned Fee Payments. This determination indicated that the maintenance fee charged/assessed providers is based on the linear feet of facilities in the public rights-of-way occupied by a provider whether leased or owned. Determination No. 5 was rescinded due to a ruling by the Michigan Court of Appeals,
COA Case No. 274879
, dated December 6, 2008.
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Determination No. 6- MTA Optional Permits. Clarifies the situation whereby providers obtained public rights-of-way permits prior to the enactment of the METRO Act; and payment of related fees.
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Determination No. 7- Private Sector Internal Telecommunication Systems. Describes/explains the METRO Authority's position that private sector companies that have telecommunication facilities in public rights-of-way are subject to the METRO Act, even if they do not lease/provide telecommunication services to other entities.
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Determination No. 8- Municipalities Not Opted-In. Lists the 20 municipalities not eligible to receive PA 48 funds.
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