SB-0108, As Passed House, April 30, 2008

SENATE BILL No. 108

January 30, 2007, Introduced by Senator BASHAM and referred to the Committee on Energy Policy.

A bill to amend 2002 PA 48, entitled

"Metropolitan extension telecommunications rights-of-way oversight

act,"

by amending section 13 (MCL 484.3113).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 13. (1) A municipality is not eligible to receive funds

under sections 11 and 12 unless by December 31, ~~2003~~ 2007 the

municipality has modified to the extent necessary any fees charged

to providers after the effective date of this act 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 this act.

(2) To the extent a telecommunications provider pays fees to a

municipality that have not been modified as required by this

section, both of the following apply:

(a) The provider may deduct the fees paid from the fee

required to be paid under section 8 for those rights-of-way.

(b) The amounts received shall be deducted from the amounts

the municipality is eligible to receive under sections 11 and 12.

(3) The authority may allow a municipality in violation of

this section to become eligible to receive funds under sections 11

and 12 if the authority determines that the violation occurred

despite good faith efforts and the municipality rebates to the

authority any fees received in excess of those required under

section 8, including any interest as determined by the authority.

(4) A municipality is considered to have modified the fees

under subsection (1) if it has adopted a resolution or ordinance,

effective no later than January 1, ~~2004~~ 2008, approving the

modification so that providers with telecommunication facilities in

public rights-of-way within the municipality's boundaries pay only

those fees required under section 8. The municipality shall provide

each provider affected by the fee a copy of the resolution or

ordinance passed under this subsection.

(5) Except as otherwise provided by a municipality, if section

8 is found to be invalid or unconstitutional, a modification of

fees under this section is void from the date the modification was

made.

(6) To be eligible to receive fee-sharing payments under this

act, a municipality shall not hold a cable television operator in

default or seek any remedy for failure to satisfy an obligation, if

any, to pay after the effective date of this act a franchise fee or

other similar fee on that portion of gross revenues from charges

the cable operator received for cable modem services provided