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
through broadband internet transport access services.
(7) If a municipality adopts a resolution as required under
this section but adopts it after the distribution of funds under
sections 11 and 12 for 2007, the municipality shall be eligible to
receive funds for 2007 from funds available after the 2007
distribution date.