Q:
How are counties involved in implementing PA 48?
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A:
Counties are involved as follows:
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Counties are not eligible to receive PA 48 funds directly from the METRO Authority.
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County Road Commissions and/or Planning units often process provider application permits for small municipalities (townships/villages); and therefore must adhere to certain sections of the PA 48 regarding processing/reporting permits to the Telecommunications Division of the MPSC.
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Section 8(20) provides that a county or affiliate shall notify the Telecommuncations Division of the MPSC if it leases its telecommunication services to other than county/affiliate entities for compensation. Such a county/affiliate would be subject to payment of maintenance fees for the METRO Authority.
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Section 14(1) requires that a county conduct at least one public hearing before the passage of any resolution or ordinance authorizing the construction of telecommunication or cable modem service provided through a broadband internet access transport service; not less than 30 days before the public hearing, prepare reasonable projections of at least a 3 year cost-benefit analysis identifying and disclosing the total projected direct costs of and the revenues to be derived from constructing the facilities and providing the services; prepare and maintain records in accordance with state uniform accounting standards; not adopt an ordinance or a policy that unduly discriminates against another person/entity providing the same service.
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Section 14(2) provides that subsection (1) does not apply to counties/county affiliates which:
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- Constructed and operated telecom facilities providing telecom services or cable modem service through a broadcast internet access transport that is not provided to any residential or commercial premises.
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- Owned and operated telecom facilities for compensation and located within the territory served by the county that provided a telecom service or a cable modem service through a broadband internet access transport service before December 31, 2001, or that allowed any third party to use the county's facilities for compensation before December 31, 2001, to provide such a service.
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Section 14(3)&(4) provides that the Telecommunications Division shall allow a county to take reasonable steps to correct a violation found by the Telecommunications Division before they impose any penalties; and the Telecommunications Division shall review complaints filed under subsection (3) to determine whether charges imposed by a county are in compliance with subsection (1), the applicable federal, state, county, and local taxes paid by the complainant or providers serving the county.
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Section 18 provides that counties that own, lease, or operate certain telecommunication services may be subject to the time requirements and procedures governing a complaint proceeding under PA 48 (same as Michigan Telecommunications Act of 1999, PA 1979, as amended).
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