§ 79-3. Definitions.

The following words, terms and phrases when used in this chapter shall have the meanings indicated. Other terms used in this chapter shall have the same meaning as defined or provided in the Act.

Act means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.

Authority means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to section 3 of the Act.

City means the City of Auburn Hills, and unless this chapter or resolution of the city council indicates otherwise, means the city manager or city manager's designee for purposes of reviews, decisions and actions on all permit and ordinance issues and applications.

City or city's right-of-way or right-of-way means any and all public rights-of-way, streets, highways, roads, sidewalks, alleys, thoroughfares, public easements and public places located within the city, including within any curbs, shoulders, landscaped areas and/or other areas incidental and/or appurtenant thereto. "Right-of-way" shall not include federal and state highways for purposes of telecommunication permit applications.

Disruption means a physical change, modification, alteration, disturbance, injury and/or damage to or in a city right-of-way, including but not limited to, construction, installation, location, maintenance, modification, alteration, replacement or repair of improvements, and the removal or alteration of a right-of-way surface grade or material, tree, sign, marker, hydrant or other material or object.

Disruption permit, which may also be called or referred to as a construction permit, means a nonexclusive limited permit issued by the city to a person pursuant to this chapter allowing an activity which will result in disruption to the city's right-of-way.

Franchise means a nonexclusive limited city council approved authorization to transact, conduct and/or operate a use in the city, including but not limited to, the operation or use of improvements in the city's right-of-way.

Franchise disruption means disruption that is necessary for the franchisee to satisfy or comply with its rights or duties under a franchise and which is performed by the franchisee or its authorized contractor whose authority is disclosed in writing to the city in advance of the disruption.

Improvement means any equipment, conduit, facility, pipe, pole, structure, wire, cable, fiber, building or any other man-made or placed material or object, including but not limited to any water or sewer main, pipe, catch basin, manhole or other structure used for the accumulation or transportation of water, storm-water, sewage, liquid or gas and any overhead or underground cable, wire and/or a combination thereof, for the transmission or distribution of electrical energy, telephone service, telecommunications services or other utility or communication services or signals, including service connections and any other material protecting said cable or wire used in connection therewith.

Minor disruption means disruption in connection with work or an improvement on an individual lot or parcel that: (1) will not extend beyond the property's right-of-way frontage, (2) will not result in any obstruction or interference with the traveled portion of the right-of-way, (3) as determined by the city, will not have any impact on existing or planned city utilities or other existing or permitted improvements in the right-of-way, and (4) as determined by the city, is not of sufficient size or consequence and has no other aspects or components that warrant or necessitate compliance with otherwise applicable disruption permit requirements.

MPSC means the Michigan Public Service Commission in the department of consumer and industry services, and shall have the same meaning as the term "commission" in the Act.

Ordinances means all laws, codes and regulations duly enacted and adopted by the city.

Permittee means a person who has been issued a disruption or use permit pursuant to the terms and provisions of this chapter and all employees, agents, contractors and other persons that direct or perform any activity covered by the permit.

Person means a natural person, company, corporation, partnership, joint venture, voluntary association, organization or other form of legal entity.

Public easement means any area of land which has been granted or dedicated to the city or to public use, including but not limited to, road or right-of-way, utility, water main, sewer line, access, drainage, recreation, conservation and other public areas, whether as easements or in fee.

Public place means any area owned, under the jurisdiction of, or controlled by the city.

Street means the paved area or area designated for vehicular travel within the right-of-way, and the word "street" shall be synonymous with the words "highway" and "road."

Telecommunication facilities or facilities means the equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals. Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in section 332(d) of part I of title III of the Communications Act of 1934, chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.

Telecommunications provider, provider and telecommunications services mean those terms as defined in section 102 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2102. Telecommunication provider does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in section 332(d) of part I of the Communications Act of 1934, chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this chapter only, a provider also includes, (a) a cable television operator that provides a telecommunications service, (b) except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way and (c) a person providing broadband internet transport access service.

Telecommunication system means conduit, improvements and other materials which are designed and/or used to provide telecommunications services.

Use may be limited by the Act to meaning the ownership of an improvement by a telecommunications provider. For all other persons, use means the ownership, lease or rental, possession, operation, occupancy or use of all or part of an improvement.

Use permit means a nonexclusive limited permit issued by the city to a person pursuant to this or a prior chapter, allowing use of the city's right-of-way for an improvement therein, and includes a use permit described in article III and a telecommunications permit described in article IV.

(Ord. No. 727, § 1, 12-1-03)