This article is adopted pursuant to the city's constitutional and proprietary rights
and interests in public rights-of-way located within the city and the reasonable control
thereof under Article VII, Section 29 of the Michigan Constitution of 1963, the City
Charter, and other applicable laws for the purposes of establishing a franchise license
requirement for, and to regulate access to and ongoing use of, public rights-of-way
for wireless facilities in a manner that complies with applicable state and federal
regulations including the Federal Telecommunications Act, 47 U.S.C. 151, et seq. (Telecommunication
Act), Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, as
amended (Spectrum Act) and applicable Federal Communication Commission rulings. The
scope of this article is limited to wireless facilities established and/or maintained
within the public right-of-way that are not considered to be "telecommunications facilities"
covered by the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act
(Act No. 48 of the Public Acts of 2002) ("Metro Act"), and permits applied for and
issued under the Metro Act and Article IV of this chapter.
(Ord. No.
18-905
, § 1, 11-26-18)
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