As a municipality (city, village or township), you must have "opted in" in order to become eligible to receive maintenance fee payments. This compensation shall be used solely for rights-of-way related purposes. Rights-of-way purposes do not include constructing or utilizing telecommunication facilities to serve residential or commercial customers (Sec 10(4)). For additional guidance on right-of-way related purposes,
click here
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Opted in municipalities are those municipalities that have modified fees charged to providers after November 1, 2002 relating to access to and usage of the public rights-of-way to an amount not exceeding the amounts of fees and charges required under the Act. A municipality is considered to have modified its fees if it has adopted a resolution or ordinance approving the modification so that providers with telecommunication facilities in public rights-of-way within the municipality's boundaries pay only those fees required. Municipalities were required to notify each provider affected by the fee by forwarding them a copy of the resolution or ordinance passed (see Provider Mailing List). In addition, municipalities were required to mail a copy of the resolution and/or ordinance to the METRO Authority as proof of eligibility.
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Municipalities that have chosen to opt in are required to act on bilateral or unilateral permit applications within 45 days. They must also notify the Public Service Commission (MPSC) when they grant or deny a bilateral or unilateral permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied. These notifications should be mailed to:
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Ms. Robin Ancona, Director |
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Telecommunications Division |
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Michigan Public Service Commission |
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6545 Mercantile Way |
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P.O. Box 30221 |
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Lansing, MI 48909
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The PSC maintains a report on its web site showing the length of time required by each municipality to grant an application during the immediately preceding 3 years (Sec. 6(6)).
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In addition, municipalities with populations of over 10,000
are required
to file an Annual Report on the Use and Disposition of Funds Received Under PA 48 of 2002 with the METRO Authority by April 30 on the use and disposition of the funds received in prior years. (Sec. 10(5)). Reports may be complete and submitted by either paper or electronic format. Maintenance fee payments for municipalities not in compliance with this requirement will be placed in escrow until such time as they become compliant.
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Municipalities with a population of less than 10,000 are not required to, but may file the annual report with the METRO Authority.
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Click here
for additional information on annual report requirements.
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