Saginaw Charter Township Metro Act Permit Background Information & Checklist July 24, 2012

S
aginaw Charter Township

The Legislature passed the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (PA 48 of 2002) in early 2002. This Public Act established a State Regulatory Commission which oversees Telecommunication Providers. It is known as the Metro Authority. Saginaw Township adopted a local ordinance regulating Telecommunications (#634) on November 20, 2002. The purpose of having a local ordinance is to allow the Township to participate in the revenues generated by fees that the State will be collecting from all telecommunication providers. Communities that opt in will receive a maintenance fee of 5 cents per linear foot, as defined in the Act under section 8(4) and adjusted as required under other subsections of section 8. Revenues generated through this Act must be exclusively used for improvements within the road right of way. The Township Board adopted a Resolution Implementing a Township Telecommunications Ordinance on November 20, 2002.

Telecommunication Providers holding a permit or authorization issued by Saginaw Township from 1990 through December 31, 2002:
C2C Fiber of Michigan, Inc Century Tel Solutions, LLC McLeod USA Communications
Sprint Communications Co. LP Verizon North, Inc Verizon Select Services, Inc

McLeod USA Inc. MCI Sprint PCS Charter Communications

1. 
   The Telecommunications Provider shall go to the Michigan.gov website and select Department of Licensing and Regulations Affairs. Select Metro Act and the permit application can be downloaded and is in a format that can be edited.
   
   
   
2. 
   Determine that the permit application by the telecommunication provider is complete and accurate.
   
   
   
3. 
   Determine whether additional information is needed to process the permit application.
   
   
   
   1. 
      If there is a disagreement on the requirement of additional information or different permit terms, MPSC shall be notified and a mediator appointed within 7-days.
      
      
      
4. 
   Collect a $500 application fee from the telecommunication provider.
   
   
   
5. 
   The Application must include route maps of existing and proposed facilities. Note: Certain information included in the route maps may be exempt from the Freedom of Information Act. The Telecommunication Provider shall designate such on the route maps.
   
   
   
6. 
   Action must be taken – either approval or denial – within 45 days from the date a provider files an application for a permit for access to a public right-of –way.
   
   
   
7. 
   Provide notification to the MPSC of approval or denial. Notice should include date the application was filed and the date of approval/denial. (Note: MPSC will maintain a website listing length of time required by each municipality to grant an application). The route map must be included with the notice to the MPSC.
   
   
8. 
   If the telecommunication provider and the local unit are unable to agree on arrangements for the use, construction, restoration or other provider activities related to the rights-of-ways, the MPSC should be notified and shall appoint a mediator within 7 days from the date of the notice.
   
   
   
9. 
   Obtain route maps from the telecommunication provider within 90 days after the substantial completion of construction of new facilities.
   

Bilateral Permit – this has a term up to 5 years.

Date of Submittal:_________________ Date of Approval/Denial______________

Telecommunication Provider:__________________________________________________

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  Telecommunication Provider shall submit three completed applications to the Clerk’s Office, with an application fee of $500.
  
  • 
    The application shall include a route map showing the location of the provider’s existing and proposed facilities. (Information included in the route maps of a providers existing and proposed facilities that is a trade secret, proprietary, or confidential information is considered exempt from the Freedom of Information Act. The Provider shall prominently so indicate on the face of each map.)
    
    
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  The Clerk’s Office shall forward one copy to the Township Attorney and one copy to the Township Manager. The Clerk’s Office shall retain one copy.
  
  
  
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  The Township Manager may request an applicant submit such additional information, which he/she deems reasonably necessary or relevant.
  
  
  
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  The Township Manager shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit.
  
  • 
    The Township Manager shall notify the MPSC when he or she has granted or denied a permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied.
    
    
    
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  If an application for permit is approved, the Township Manager shall issue the permit in the form approved by the MPSC. (The permit can be found on the Michigan.gov website under the Department of Licensing and Regulations Affairs.)
  
  
  
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  The Township Manager may require a bond be posted by the Telecommunications Provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right of way is returned to its original condition during and after the project is completed. (The Township requires a minimum of a $20,000 bond. This may be increased depending on the complexity of the project.)
  
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  A Certificate of Liability Insurance Coverage shall be attached to the application.
  
  
  
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  The Provider shall indicate the total lineal feet of existing and future telecommunication lines, along with a projected revenue summary.
  
  
  
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  Applicant provides a timeline for construction.
  
  
  
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  Route Maps – Within 90 days after substantial completion of construction of new telecommunications facilities in the Township, the Telecommunication Provider must submit route maps showing the location of the telecommunications facilities to both the MPSC and to the Township. The route maps should be in paper or electronic format unless and until the MPSC determines otherwise.
  
  
  
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  After Completion of the project, a representative of the Township (Community Development Department) shall inspect the route to ensure that everything has been repaired and restored to pre-existing conditions.
  

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  A copy Copies of the permit is sent to the Saginaw County Road Commission, Michigan Department of Transportation, & Saginaw Township Department of Public Services & Township Attorney.
  

• 
  A copy of the permit is kept on file in the Manager’s Office.
  
  
  

Saginaw Charter Township

Commence 9-27-2009 for ten years (2019)

2003 for 15 years