§ 36-118. Compliance.

The village hereby declares that its policy and intent in adopting this article is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The village shall comply in all respects with the requirements of the Act, including but not limited to the following:

(a)

Exempting certain route maps from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, as provided in section 36-105(c) of this article;

(b)

Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with section 36-105(f) of this article;

(c)

Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in accordance with section 36-105(g) of this article;

(d)

Approving or denying an application for a permit within 45 days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the village, in accordance with section 36-106(a) of this article;

(e)

Notifying the MPSC when the village has granted or denied a permit, in accordance with section 36-106(a) of this article;

(f)

Not unreasonably denying an application for a permit, in accordance with section 36-106(a) of this article;

(g)

Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in section 36-106(b) of this article;

(h)

Limiting the conditions imposed on the issuance of a permit to the telecommunications provider's access and usage of the public right-of-way, in accordance with section 36-106(c) of this article;

(i)

Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider's access and use, in accordance with section 36-106(d) of this article;

(j)

Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with section 36-107 of this article;

(k)

Providing each telecommunications provider affected by the village's right-of-way fees with a copy of this article, in accordance with section 36-112 of this article;

(l)

Submitting an annual report to the authority, in accordance with section 36-115 of this article; and

(m)

Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with section 36-116 of this article.

(Ord. No. 155, § 18, 3-17-2003)