§ 37-24. Permit required.

(a)

Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the village for its telecommunications facilities shall apply for and obtain a permit pursuant to this article.

(b)

Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with section 6(1) of the Act. A telecommunications provider shall file one copy of the application with the village clerk, one copy with the village president, and one copy with the village attorney. Upon receipt, the village clerk shall make copies of the application and distribute a copy to each council member. Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider's existing and proposed facilities in accordance with section 6(5) of the Act.

(c)

Confidential information. If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contain a trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act, the telecommunications provider shall prominently so indicate on the face of each map.

(d)

Application fee. Except as otherwise provided by the Act, the application shall be accompanied by a one-time non-refundable applicable fee in the amount of $500.00.

(e)

Additional information. The village president may request an applicant to submit such additional information which the village president deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the village president. If the village and the applicant cannot agree on the requirement of additional information requested by the village, the village or the applicant shall notify the MPSC as provided in section 6(2) of the Act.

(f)

Previously issued permits. Pursuant to section 5(1) of the Act, authorizations or permits previously issued by the village under section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251 and authorizations or permits issued by the Village to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this article.

(g)

Existing providers. Pursuant to section 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the village as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251, shall submit to the village an application for a permit in accordance with the requirements of this article. Pursuant to section 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the $500.00 application fee required under subsection (d) above. A provider under this subsection shall be given up to an additional 180 days to submit the permit application if allowed by the authority, as provided in section 5(4) of the Act.

(Ord. No. 300, § 4, 11-18-2002)