Q:How does the permit process work? A: A provider using or seeking to use public rights-of-way in a metropolitan area for its telecommunication facilities shall obtain a permit from the municipality and pay all fees required under the act. Authorizations or permits previously obtained from a municipality satisfy the permit requirement of this section (Sec. 5.1 of PA 48).
Q:Who must acquire a permit? And where? A: All providers "owning telecommunications facilities located within a public right of way", excluding a federally licensed provider of commercial mobile radio service as defined in the FTA, 47 U.S.C. 332, and service provided by any wireless two way communication device as described on Sec. 2(k) of PA 48, must acquire a permit from municipalities where facilities are located.
Q:If a provider has a permit under the prior Michigan Telecommunications Act (MTA), must the provider still file a permit? A: No, a provider who filed a permit under the MTA satisfies the METRO Act's permit requirements.
Q: Is a permit required for new construction? A:If a provider is seeking to use public rights-of-way in a municipality (city, village or township) in which they currently do not have any facilities, they must submit a permit application to the municipality, along with a one-time $500 application fee (Sec. 6(4)). The permit application must include route maps showing the location of the provider’s existing and proposed facilities (Sec. 6(5)). Within 90 days after the substantial completion of construction of new facilities in a municipality, the provider shall submit route maps showing the location of the facilities to both the Michigan Public Service Commission and the affected municipalities (Sec 6(7)).
Q:If a provider fails to file a permit, what are the consequences? A:No access to and use of public right-of-way in a municipality and subject to fines under Sec. 18(2) of the Act. In addition, the provider may be trespassing and may be subject to civil infraction penalties.
Q: Must cable companies providing telecommunications services file a permit? A: A separate provision for cable franchise holders under Sec. 8(11) allows for an alternative agreement to satisfy the permit requirements.
Q:What if a township also requires a provider to get approval of the county, how does Act 48 apply? A:In many small municipalities (townships, villages), the County Road or Planning Commission may process telecommunication permit applications for the municipality in accordance with Sec. 8, 14, and 18 of PA 48. Further, providers must also comply with any county requirements for a permit to work within the county road right-of-way.
Q:How many days does a municipality have to approve or deny a permit for access to a public right-of-way? A: 45 days. (Sec. 15(3) of PA 48).
Q:What happens when a municipality fails to respond to a provider permit application? A: If a provider has duly submitted a permit application and the municipality has not timely processed it, the municipality will not be in compliance with the METRO Act. Section 10(3) of the METRO Act states: "If a municipality is found not to be in compliance, fee sharing payments shall be held by the authority in escrow until the municipality returns to compliance."
Q:Who is exempt from filing a permit or paying the maintenance fee?
A: A governmental entity, educational institution, or utility that does not provide telecommunication service to outside third parties, as specified in Sec. 8(18,19,20) is exempt from filing a permit, or paying the maintenance fee.
Q:What do providers get in return? A: They receive relatively uniform treatment among Michigan municipalities including a safe harbor permit to streamline the permit process. If there is no agreement between both parties, the matter can be submitted to mediation and, if not resolved in that manner, the Michigan Public Service Commission will make a determination. (Sec. 6(1) of PA 48)
Q:What's the difference between the unilateral permit and the bilateral permit? A: The bilateral permit is a signed contractual agreement for up to 30 years (initial 15 years with a possibility of another 15 year extension). The unilateral permit is issued by a municipality for 5 years or less.
Q:Who should the municipalities notify of permit approvals/denials? A:The municipalities should notify the Michigan Public Service Commission of permit approvals/denials. A letter indicating the details of the permit, such as: who the permit is with, date of the application, date of approval/denial, a contact person, address, and phone number.
The letter should be sent to the attention of:
Ms. Robin Ancona, Director
Telecommunications Division
Michigan Public Service Commission
6545 Mercantile Way
P.O. Box 30221
Lansing, MI 48909
Copies of approved permit applications should also be sent to the MPSC at the above listed address.
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