Bill Text: MI SB0824 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: State financing and management; authorities; process for transferring authority powers; revise, and provide other general amendments. Amends secs. 2 & 3 of 2002 PA 48 (MCL 484.3102 & 484.3103). TIE BAR WITH: SB 0822'14
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2014-04-22 - Assigned Pa 0088'14 With Immediate Effect [SB0824 Detail]
Download: Michigan-2013-SB0824-Engrossed.html
SB-0824, As Passed Senate, March 4, 2014
SENATE BILL No. 824
February 25, 2014, Introduced by Senators PAPPAGEORGE, BRANDENBURG, WARREN and MOOLENAAR and referred to the Committee on Finance.
A bill to amend 2002 PA 48, entitled
"Metropolitan extension telecommunications rights-of-way oversight
act,"
by amending sections 2 and 3 (MCL 484.3102 and 484.3103).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a)
"Authority" means the metropolitan extension
telecommunications
rights-of-way oversight authority
created in
section
3.under the local community
stabilization authority act.
(b) "Broadband internet access transport services" means the
broadband transmission of data between an end-user and the end-
user's internet service provider's point of interconnection at a
speed of 200 or more kilobits per second to the end-user's
premises.
(c) "Commission" means the Michigan public service commission
in
the department of consumer and industry services.licensing and
regulatory affairs.
(d) "Exchange" means that term as defined under section 102 of
the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
(e) "Incumbent local exchange carrier" means that term as
defined under section 251(h) of title II of the communications act
of
1934, chapter 652, 110 Stat. 61, 47 U.S.C. USC 251.
(f) "Metropolitan area" means 1 or more municipalities within
this state located, in whole or in part, within a county having a
population of 10,000 or more or a municipality within this state
that enacts an ordinance or resolution electing to be classified as
part of a metropolitan area under this act.
(g) "Municipality" means a township, city, or village.
(h) "Person" means an individual, corporation, partnership,
limited partnership, association, limited liability company,
governmental entity, or any other legal entity.
(i) "Public right-of-way" means the area on, below, or above a
public roadway, highway, street, alley, easement, or waterway.
Public right-of-way does not include a federal, state, or private
right-of-way.
(j) "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. USC
332 and further defined
as
commercial mobile radio service in 47 C.F.R. CFR 20.3,
and
service provided by any wireless, 2-way communications device.
(k) "Telecommunication provider", "provider", and
"telecommunication 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. USC 332 and further defined as commercial mobile
radio
service in 47 C.F.R. CFR 20.3, or service provided by any
wireless, 2-way communication device. For the purposes of this act
only, a provider also includes all of the following:
(i) A cable television operator that provides a
telecommunication service.
(ii) Except as otherwise provided by this act, a person who
owns telecommunication facilities located within a public right-of-
way.
(iii) A person providing broadband internet transport access
service.
(iv) An internet service provider that provides a
telecommunication service.
Sec.
3. (1) Pursuant to section 27 of article VII of the state
constitution
of 1963 and any other applicable law, the metropolitan
extension
telecommunications rights-of-way oversight authority is
established
as an autonomous agency within the department of
consumer
and industry services. The director of the authority shall
be
appointed by the governor for a 4-year term. The director of the
authority
shall report directly to the governor. The department of
consumer
and industry services shall provide the authority all
budget,
procurement, and management-related functions. The
department
of consumer and industry services shall also provide
suitable
offices, facilities, equipment, staff, and supplies for
the
authority in the city of Lansing.
(2)
The director of the authority is responsible for carrying
out
the powers and duties of the authority under this act.
(1) (3)
The local community
stabilization authority shall
exercise the powers, duties, functions, and responsibilities vested
in the authority under this act and may contract with the
department of licensing and regulatory affairs for 1 or more
employees of the department to assist in exercising the powers,
duties, functions, and responsibilities. The authority shall
coordinate public right-of-way matters with municipalities, assess
the fees required under this act, and have the exclusive power to
assess fees on telecommunication providers owning telecommunication
facilities in public rights-of-way within a municipality in a
metropolitan area to recover the costs of using the rights-of-way
by the provider.
(2) (4)
The authority shall file an annual
report of its
activities for the preceding year with the governor and the members
of the legislative committees dealing with energy, technology, and
telecommunications issues on or before March 1 of each year.
(3) (5)
The authority may promulgate rules
for the
implementation
and administration of this act under in a manner
that complies with the requirements of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(4) On October 1, 2014, all of the following shall occur:
(a) The powers, duties, functions, and responsibilities vested
in the metropolitan extension telecommunications rights-of-way
oversight authority before October 1, 2014 are transferred to and
vested in the authority.
(b) All records, property, grants, and unexpended balances of
appropriations, allocations, and other funds used, held, employed,
available, or to be made available to the metropolitan extension
telecommunications rights-of-way oversight authority are
transferred to the authority.
(c) The metropolitan extension telecommunications rights-of-
way oversight authority is abolished.
(5) The director of the department of licensing and regulatory
affairs shall provide executive direction and supervision for the
implementation of the transfers to the authority under subsection
(4).
(6) The director of the department of licensing and regulatory
affairs shall coordinate with the executive director of the
metropolitan extension telecommunications rights-of-way oversight
authority to facilitate the transfers to the authority under
subsection (4) and shall develop and issue a memorandum of record
identifying any pending settlements, issues of compliance with
applicable federal and state laws and regulations, or other
obligations resolved by the metropolitan extension
telecommunications rights-of-way oversight authority before the
transfers under subsection (4).
(7) State departments, agencies, officers, and employees shall
fully and actively cooperate with and assist the director of the
department of licensing and regulatory affairs in the
implementation of transfers under subsection (4).
(8) The state budget director shall determine and authorize an
efficient process for handling financial transactions and records
in this state's financial management system necessary to implement
the transfers under subsection (4).
(9) Any suit, action, or other proceeding lawfully commenced
by, against, or before any entity affected by the transfers under
subsection (4) shall not abate by reason of the taking effect of
the transfers under subsection (4). Any suit, action, or other
proceeding may be maintained by, against, or before the appropriate
successor of any entity affected by the transfers under subsection
(4).
(10) All rules, regulations, orders, contracts, and agreements
relating to the former metropolitan extension telecommunications
rights-of-way oversight authority or the powers, duties, functions,
and responsibilities transferred under subsection (4) lawfully
adopted before October 1, 2014 shall continue in effect until
revised, amended, repealed, or rescinded by the authority unless
prohibited by law.
Enacting section 1. This amendatory act takes effect October
1, 2014.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.822
of the 97th Legislature is approved by a majority of the
qualified electors of this state voting on the question at an
election to be held on the August regular election date in 2014.
