Bill Text: MI SB1151 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Transportation; other; carriers by water act; modify to allow regulation of fares and operations of certain ferry companies by the public service commission. Amends title & secs 1, 2, 3, 4, 5 & 6 of 1921 PA 246 (MCL 460.201 et seq.) & adds secs. 7, 8 & 10.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-29 - Referred To Committee On Government Operations [SB1151 Detail]

Download: Michigan-2011-SB1151-Introduced.html

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SENATE BILL No. 1151

 

 

May 29, 2012, Introduced by Senator MEEKHOF and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1921 PA 246, entitled

 

"An act to regulate the service, rates, fares and charges of

carriers by water within this state,"

 

by amending the title and sections 1, 2, 3, 4, 5, and 6 (MCL

 

460.201, 460.202, 460.203, 460.204, 460.205, and 460.206) and by

 

adding sections 7, 8, and 10.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to regulate the service, rates, fares, schedules, and

 

charges of carriers by water within this state; . to provide for

 

uniform carrier by water local franchises; to promote competition

 

in providing carrier by water service in this state; to ensure

 

reasonable local control of rights-of-way; to permit local units of

 

government to impose fees; to provide for the powers and duties of

 

certain state and local agencies and officials; and to prescribe

 

penalties.

 

     Sec. 1. (1) Any and all persons, firms and corporations

 

engaged in the transportation of freight, passengers, or express,

 

by water, wholly within this state shall, within 30 days after this

 

act shall take effect, make and A carrier by water shall file a

 

tariff detailing rates, fares, charges, and schedules for the

 

transporting of passengers, freight, express, or other property

 

with the Michigan public utilities commission in such a form as it

 

shall prescribe, its schedule of rates, fares, and charges for the

 

carrying of freight, passengers, and express; which said and manner

 

prescribed by the commission. Except as otherwise provided in this

 

section, a tariff of rates, fares, and charges, and schedules shall

 

continue in force until superseded by other schedules, another

 

tariff filed in the manner above prescribed, by said a carrier ,

 

with or ordered by the Michigan public utilities commission. :

 

Provided, however, That said Michigan public utilities The

 

commission may, either upon request , or upon its own motion,

 

suspend the operation of any rate, fare, charge, or a tariff filed

 

as aforesaid, under this section for a period not exceeding 30 90

 

days. ; and in case any such rate, fare, charge, or If a tariff

 

shall be is suspended by said Michigan public utilities the

 

commission, it the commission shall give immediately notify the

 

interested carrier immediate notice thereof, of the suspension and

 

, within 10 days from the date of such after the suspension , shall

 

fix set a date of for a hearing , not more than 20 45 days from

 

after the date of said the suspension. , and The commission shall

 

give notice thereof to said notify an interested carrier of a

 

hearing under this subsection and provide the carrier and to other

 

persons in interest, who may be heard; and after said hearing said

 

commission shall fix the rate, fare, charge, or tariff in the

 

matter complained of; and such rate, fare, charge or tariff, when

 

so fixed, shall continue to be the legal rate, fare, charge, or

 

tariff in force until superseded as provided by law: Provided, That

 

any ferry company operating within any municipality under an

 

agreement with such municipality shall not be affected either as to

 

fares or operation by this act. other interested persons an

 

opportunity to be heard. While a tariff is suspended, the rates,

 

fares, charges, and schedules in effect prior to the suspension

 

shall apply. After conducting a hearing under this subsection, the

 

commission shall fix a tariff of rates, fares, charges, and

 

schedules in the matter and the tariff of rates, fees, charges, and

 

schedules shall continue to be the legal tariff of rates, fares,

 

charges, and schedules in force until superseded by a later filing

 

of a tariff by the carrier or an order of the commission.

 

     (2) Beginning on the effective date of the amendatory act that

 

added this subsection, a carrier providing service to a city,

 

township, or village under an agreement with the city, township, or

 

village is subject to this act, including, but not limited to, the

 

requirements under this act regarding fares and the time and manner

 

of operation. A tariff in effect under subsection (1), including,

 

but not limited to, a tariff established by order of the

 

commission, takes precedence over any inconsistent or conflicting

 

local law, ordinance, resolution, rule, regulation, policy, or

 

practice.

 

     (3) A carrier by water is a common carrier and is not a public

 

utility.

 

     Sec. 2. The Michigan public utilities commission may examine

 

any and all and audit the books, accounts, records, and papers of

 

any such a carrier by water, and audit the same; and it shall be

 

the duty of any such regarding the transport of passengers,

 

freight, express, or other property by the carrier. A carrier by

 

water, to shall furnish to said Michigan public utilities

 

commission, its proper officers, and employes, any and all data in

 

relation related to its investment, income, or operating expenses ,

 

and such regarding the transport of passengers, freight, express,

 

or other property by the carrier to the commission or its officers

 

or employees, along with any other statistical data as it may

 

require regarding the transport of passengers, freight, express, or

 

other property by the carrier as required by the commission.

 

     Sec. 3. The Michigan public utilities commission is hereby

 

authorized, empowered and directed to make all needful may

 

promulgate rules and regulations under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328,

 

governing its investigations of the affairs of such carriers by

 

water , under this act and to shall prescribe the form of all

 

reports required from such carriers under this act.

 

     Sec. 4. Whenever any If a complaint shall be is made to said

 

Michigan public utilities the commission by any person, firm, or

 

corporation against any regarding a rate, fare, charge, schedule,

 

or tariff of any a carrier by water within this state, or against

 

any regarding a rule, regulation, or service of such a carrier , or

 

against regarding the neglect, failure, or refusal of any such a

 

carrier to make, observe, or perform any rate, fare, charge,

 

schedule, or tariff , or any rule, regulation, or service, said

 

Michigan public utilities the commission shall investigate the

 

same, and it matter. The commission may regulate the performance or

 

observance of any a rate, fare, charge, schedule, or tariff , and

 

any or a rule, regulation, or service , and may prescribe the same

 

a rate, fare, charge, schedule, or tariff, or a rule, regulation,

 

or service to be observed by such a carrier, : Provided, That such

 

including, but not limited to, compliance with section 7(1). A

 

carrier shall in all cases be is entitled to reasonable notice and

 

an opportunity to be heard on such an investigation conducted by

 

the commission under this section before any a rate, fare, charge,

 

or schedule, or tariff, or any a rule, regulation, or service shall

 

be is prescribed, established, or imposed by said the commission. ,

 

in accordance with the terms of this section, and when any When a

 

rate, fare, charge, or schedule, or tariff, or any a rule,

 

regulation, or service shall be is prescribed, established, or

 

imposed by said the commission, it shall thereafter be the duty of

 

said a carrier to shall observe and obey the same.decision of the

 

commission.

 

     Sec. 5. Any An order made by of the Michigan public utilities

 

commission prescribing or affecting any a rate, fare, charge, or

 

schedule, or tariff, or any a rule, regulation, or service of any a

 

carrier by water within this state, shall be is subject to review

 

in the same manner as is now provided by law for the review of

 

orders made by said Michigan public utilities commission.of the

 

commission under section 26 of 1909 PA 300, MCL 462.26.

 

     Sec. 6. Any person, firm, or corporation violating any of the

 

provisions A violation of this act , or any order of the Michigan

 

public utilities commission made in pursuance thereof, shall be

 

under this act is punishable by a fine not to exceed 100 dollars

 

$100.00 for each violation. , and any A violation of this act or

 

any order of the commission by an officer or director of any

 

corporation violating the provisions of this act, or any of the

 

orders of the Michigan public utilities commission made in

 

pursuance thereof, shall be a carrier is a misdemeanor punishable

 

by a fine not exceeding 100 dollars for each such violation, or by

 

imprisonment in the county jail for not more than 3 months, or by

 

both such fine and punishment, in the discretion of the

 

court.imprisonment for not more than 90 days or a fine of not more

 

than $100.00, or both.

 

     Sec. 7. (1) When transporting passengers, freight, express, or

 

other property near or under a bridge, a carrier shall actively

 

cooperate with the owner or operator of the bridge on matters

 

relating to the safety and security of the bridge. When

 

transporting passengers, freight, express, or other property near

 

an international border, a carrier shall actively cooperate with

 

state and federal law enforcement officials on matters relating to

 

homeland security, customs, and immigration.

 

     (2) The provisions of this act apply notwithstanding a

 

provision of a public act or local ordinance, resolution, or

 

charter provision to the contrary.

 

     (3) It is the intent of the legislature that the provisions of

 

this act constitute an exercise of general control by the

 

legislature, provide uniformity, address matters of statewide

 

concern, are necessary to provide for the protection of the waters

 

of this state, are comprehensive and general in nature, and apply

 

to the entire state.

 

     Sec. 8. (1) No later than 30 days after the effective date of

 

the amendatory act that added this section, the commission shall

 

issue an order establishing a standardized form for the uniform

 

carrier by water local franchise agreement to be used by each

 

franchising entity in this state.

 

     (2) A local unit of government may require a person providing

 

carrier by water service and utilizing the public rights-of-way

 

within the local unit of government to obtain a franchise as

 

provided in this section. If a local unit of government requires a

 

person providing carrier by water service within the local unit of

 

government to obtain a franchise, the local unit of government may

 

only impose requirements authorized under this act. Except as

 

otherwise provided in this section, if a local unit of government

 

requires a person providing carrier by water service within the

 

local unit of government to obtain a franchise, a person shall not

 

provide carrier by water service within that local unit of

 

government without first obtaining a uniform carrier by water local

 

franchise.

 

     (3) The uniform carrier by water local franchise agreement

 

under subsection (1) shall include all of the following provisions:

 

     (a) The name of the person seeking to provide carrier by water

 

service.

 

     (b) The address and telephone number of the person's principal

 

place of business.

 

     (c) The name of the person's principal executive officers and

 

any persons authorized to represent the person before the

 

franchising entity and the commission.

 

     (d) If the person is not already a carrier by water, the date

 

on which the person expects to provide carrier by water service in

 

the area identified under subdivision (e).

 

     (e) A description of the geographic area to be served by the

 

person.

 

     (f) A requirement that the person pay the carrier by water

 

franchise fee required under this section.

 

     (g) A requirement that the person agrees to comply with all

 

valid and enforceable federal and state statutes and regulations.

 

     (h) A requirement that the person actively cooperate with the

 

owner or operator of a bridge on matters relating to the safety and

 

security of the bridge when transporting passengers, freight,

 

express, or other property near or under a bridge.

 

     (i) A requirement that the person cooperate with state and

 

federal law enforcement officials on matters relating to homeland

 

security, customs, and immigration when transporting passengers,

 

freight, express, or other property near an international border.

 

     (j) A grant of authority by the franchising entity to the

 

person for the provision of carrier by water service in the

 

geographic area described in subdivision (e).

 

     (k) A grant of authority by the franchising entity to the

 

person to use and occupy public rights-of-way of the franchising

 

entity in the provision of carrier by water service, subject to the

 

laws of this state and the general police powers of the franchising

 

entity not specifically applicable to or limited to carriers by

 

water.

 

     (l) A requirement that the franchising entity and the person

 

are subject to the provisions of this act.

 

     (m) The penalties provided for under subsection (17).

 

     (4) If a local unit of government requires a person providing

 

carrier by water service within the local unit of government to

 

obtain a franchise as described in subsection (2), before offering

 

carrier by water service within the boundaries of a local unit of

 

government, a carrier shall enter into or possess a franchise

 

agreement with the local unit of government as required by this

 

section. A franchising entity shall notify a carrier as to whether

 

a submitted franchise agreement is complete as required by this

 

section within 15 business days after the date that the franchise

 

agreement is filed. If the franchise agreement is not complete, the

 

franchising entity shall notify the carrier of the reasons the

 

franchise agreement is incomplete. A franchising entity has 30 days

 

after the submission date of a complete franchise agreement to

 

approve the agreement. If the franchising entity does not notify

 

the carrier regarding the completeness of the franchise agreement

 

or approve the franchise agreement within the time periods required

 

under this subsection, the franchise agreement shall be considered

 

complete and the franchise agreement approved.

 

     (5) A uniform carrier by water local franchise agreement

 

issued by a franchising entity or an existing franchise of an

 

incumbent carrier is fully transferable to any successor in

 

interest to the carrier to which it is initially granted. A notice

 

of transfer shall be filed with the franchising entity within 15

 

days of the completion of the transfer.

 

     (6) The uniform carrier by water local franchise agreement

 

issued by a franchising entity may be terminated or the geographic

 

area served by the carrier may be modified by the carrier by

 

submitting notice to the franchising entity. If any of the

 

information contained in the franchise agreement changes, the

 

carrier shall timely notify the franchising entity. The uniform

 

carrier by water local franchise shall be for a period of 10 years

 

from the date it is issued. Before the expiration of the initial

 

franchise agreement or any subsequent renewals, the carrier may

 

apply for an additional 10-year renewal under this section.

 

     (7) As a condition to obtaining or holding a franchise, a

 

franchising entity shall not require a carrier to obtain any other

 

franchise, assess any other fee or charge, or impose any other

 

franchise requirement or regulation other than those allowed under

 

this section. For purposes of this subsection, a franchise

 

requirement or regulation includes, but is not limited to, any of

 

the following:

 

     (a) A provision regulating rates, fares, or other charges of a

 

carrier.

 

     (b) The schedule of a carrier.

 

     (c) The time and manner of operation of a carrier.

 

     (d) The keeping and management of vessels of the carrier.

 

     (e) Imposition or satisfaction of any build-out requirements.

 

     (f) Requiring the deployment of any facilities or equipment.

 

     (g) A requirement or regulation within the jurisdiction of the

 

commission under this act.

 

     (8) As of the effective date of the amendatory act that added

 

this section, no existing franchise agreement with a franchising

 

entity shall be renewed or extended upon the expiration date of the

 

agreement. On the effective date of the amendatory act that added

 

this section, any provisions of an existing franchise agreement

 

that are inconsistent with or in addition to the provisions of a

 

uniform carrier by water local franchise agreement are unreasonable

 

and unenforceable by the franchising entity. A carrier, at its

 

option, may continue to provide carrier by water service in the

 

local unit of government by electing to do 1 of the following:

 

     (a) Terminate the existing franchise agreement with the local

 

unit of government before the expiration date of the agreement and

 

enter into a new franchise under a uniform carrier by water local

 

franchise agreement.

 

     (b) Amend the existing franchise agreement to include only

 

those provisions required under a uniform carrier by water local

 

franchise and continue under the existing franchise agreement.

 

     (c) Continue to operate under the terms of an expired

 

franchise agreement until a uniform carrier by water local

 

franchise agreement takes effect. A carrier has 120 days after the

 

effective date of the amendatory act that added this section to

 

file for a uniform carrier by water local franchise agreement.

 

     (9) If a franchising entity authorizes 2 or more carriers to

 

provide carrier by water service through an existing franchise, a

 

uniform carrier by water local franchise agreement, or an agreement

 

under subsection (6), the franchising entity shall not enforce a

 

term, condition, or requirement of a franchise agreement that is

 

more burdensome than the terms, conditions, or requirements

 

contained in another franchise agreement.

 

     (10) A carrier shall calculate and pay an annual carrier by

 

water franchise fee to the franchising entity as provided in this

 

subsection. The fee shall be paid quarterly within 45 days after

 

the close of each quarter. Each payment shall include a statement

 

explaining the basis for the calculation of the fee. The

 

franchising entity shall not demand any additional fees or charges

 

from a carrier and shall not demand the use of any other

 

calculation method other than allowed under this act. If a carrier

 

provides carrier by water service on a route providing service to 2

 

franchising entities, the fee calculated, attributable, and payable

 

under this subsection to each franchising entity for service on

 

that route shall be reduced by 50%. A carrier may identify and

 

collect as a separate line item from each user of the carrier's

 

service an amount equal to the percentage established under this

 

subsection applied against the amount charged by the carrier for

 

use of the carrier's service. The fee under this subsection shall

 

be 1 of the following:

 

     (a) If there is an existing franchise agreement, an amount

 

equal to the percentage of gross revenues paid to the franchising

 

entity by the carrier providing service within the local unit of

 

government with the largest number of passengers in the prior

 

calendar year.

 

     (b) After the expiration of an existing franchise agreement or

 

if there is no existing franchise agreement, an amount equal to the

 

percentage of gross revenues of the carrier not to exceed 1% and

 

applicable to all carriers. If a carrier provides carrier by water

 

service on a route providing service to 2 franchising entities, the

 

combined amount attributable and paid to each franchising entity

 

may not exceed 1% of the gross revenue of the carrier generated by

 

that route.

 

     (11) Not more than once every 24 months, a franchising entity

 

may perform reasonable audits of a carrier's calculation of the

 

fees paid under this section to the franchising entity for the

 

preceding 24-month period only. All records reasonably necessary

 

for the audits shall be made available by the carrier at the

 

location where the records are kept in the ordinary course of

 

business. The franchising entity and the carrier shall each be

 

responsible for its respective costs of the audit. Any additional

 

amount due as verified by the franchising entity shall be paid by

 

the carrier within 30 days of the franchising entity's submission

 

of an invoice for the sum. Any claims by a franchising entity that

 

fees have not been paid as required under this section, and any

 

claims for refunds or other corrections to the remittance of the

 

carrier, shall be made within 3 years from the date compensation is

 

remitted to the franchising entity.

 

     (12) All determinations and computations made under this

 

section shall be pursuant to generally accepted accounting

 

principles.

 

     (13) A franchising entity shall provide a carrier with open,

 

comparable, nondiscriminatory, and competitively neutral access to

 

the public rights-of-way of the franchising entity. A carrier shall

 

not be required to comply with, and a franchising entity may not

 

impose or enforce, any mandatory service, build-out or deployment

 

provisions, schedules, or other requirements, unless specifically

 

authorized under this section.

 

     (14) A franchising entity may impose on a carrier a permit fee

 

only to the extent it imposes the same fee on all other carriers

 

and the fee does not exceed the actual, direct costs incurred by

 

the franchising entity for issuing the relevant permit. A

 

franchising entity shall not impose a fee under this subsection if

 

the carrier already has paid a permit fee of any kind in connection

 

with the same activity that would otherwise be covered by the

 

permit fee under this subsection, or is otherwise authorized by law

 

or contract to place the facilities used by the carrier in the

 

public rights-of-way or for general revenue purposes.

 

     (15) Except under the terms of a mandatory protective order,

 

trade secrets and commercial or financial information submitted

 

under this act to a franchising entity or commission are exempt

 

from disclosure under section 13(1)(d) of the freedom of

 

information act, 1976 PA 442, MCL 15.243. If information is

 

disclosed under a mandatory protective order, then the franchising

 

entity or commission may use the information for the purpose for

 

which it is required, but the information shall remain

 

confidential. There is a rebuttable presumption that cost studies,

 

customer usage data, marketing studies and plans, and contracts are

 

trade secrets or commercial or financial information protected

 

under this subsection. The burden of removing the presumption under

 

this subsection is with the party seeking to have the information

 

disclosed.

 

     (16) This act does not prohibit a local unit of government and

 

a carrier from entering into a voluntary franchise agreement that

 

includes terms and conditions different from those required under

 

this act, including, but not limited to, a reduction in the

 

franchise fee under subsection (10) in return for the carrier

 

making available to the franchising entity services, equipment,

 

capabilities, or other valuable consideration. This subsection does

 

not apply unless it is technically feasible and commercially

 

practicable for each carrier servicing the franchising entity to

 

comply with similar terms and conditions in the franchise agreement

 

and the franchise agreement is offered to each carrier.

 

     (17) After notice and hearing, if the commission finds that a

 

person has violated this act, the commission shall order remedies

 

and penalties to protect and make whole persons who have suffered

 

damages as a result of the violation, including, but not limited

 

to, 1 or more of the following:

 

     (a) Order the person to pay a fine of not less than $500.00 or

 

more than $1,000.00 for the first offense. For a second and any

 

subsequent offense, the commission shall order the person to pay a

 

fine of not less than $1,000.00 or more than $5,000.00.

 

     (b) If the person has received a uniform carrier by water

 

local franchise, revoke the franchise.

 

     (c) Issue a cease and desist order.

 

     (18) Notwithstanding subsection (17), the commission shall not

 

impose a fine for a violation of this act if the carrier has

 

otherwise fully complied with this act and shows that the violation

 

was an unintentional and bona fide error notwithstanding the

 

maintenance of procedures reasonably adopted to avoid the error.

 

Examples of a bona fide error include, but are not limited to,

 

clerical, calculation, computer malfunction, programming, or

 

printing errors. An error in legal judgment with respect to a

 

person's obligations under this act is not a bona fide error. The

 

carrier bears the burden of proving that a violation was an

 

unintentional and bona fide error. If the commission finds that a

 

party's complaint or defense filed under this section is frivolous,

 

the commission shall award to the prevailing party costs, including

 

reasonable attorney fees, against the nonprevailing party and his

 

or her attorney. All parties of interest have the same rights to

 

appeal and review an order or finding of the commission.

 

     (19) The authority of a franchising entity and the commission

 

to administer this act is limited to the powers and duties

 

explicitly provided for under this act, and neither a franchising

 

entity nor the commission has the authority to regulate or control

 

a carrier under this act as a public utility.

 

     (20) Within 30 days after an appropriation to the commission,

 

the commission shall ascertain the amount of the appropriation

 

attributable to the actual costs to the commission in exercising

 

its duties under this act. This amount shall be assessed against

 

each carrier doing business in this state. Each carrier shall pay a

 

portion of the total assessment in the same proportion that the

 

carrier's gross revenue for the prior calendar year derived from

 

operations in this state bears to the total gross revenue of all

 

carriers derived from doing business in this state during the same

 

calendar year. Each carrier shall pay a minimum assessment of not

 

less than $50.00. This subsection does not apply after December 31,

 

2016.

 

     (21) As used in this section:

 

     (a) "Franchising entity" means a local unit of government

 

within which a carrier offers carrier by water service through a

 

franchise.

 

     (b) "Gross revenues" means all consideration of any kind or

 

nature, including, without limitation, cash, credits, property, and

 

in-kind contributions received by a carrier from users for the

 

provision of carrier by water service within the geographic area of

 

a franchising entity. Gross revenues include all of the following:

 

     (i) All charges and fees paid by users for the provision of

 

carrier by water service, including fees attributable to carrier by

 

water service when sold individually or as part of a package or

 

bundle, or functionally integrated, with services other than

 

carrier by water service.

 

     (ii) A franchise fee imposed on the carrier that is passed on

 

to users.

 

     (iii) Compensation received by the carrier for the promotion or

 

exhibition of any products or services over the carrier by water

 

service.

 

     (iv) All revenue derived by the carrier from compensation

 

arrangements for advertising attributable to the local franchise

 

area.

 

     (v) Advertising commissions paid to an affiliated third party

 

for carrier by water advertising.

 

     (vi) Revenue of an affiliate of a carrier, but only to the

 

extent that the treatment of the revenue as revenue of the

 

affiliate has the effect of evading the payment of franchise fees

 

that would otherwise be paid for by the carrier.

 

     (c) "Gross revenues" do not include any of the following:

 

     (i) Revenue not actually received by a carrier, even if billed,

 

such as bad debt net of any recoveries of bad debt.

 

     (ii) Refunds, rebates, credits, or discounts to users to the

 

extent not already offset by subparagraph (i) and to the extent the

 

refund, rebate, credit, or discount is attributable to the carrier.

 

     (iii) Any revenues received by the carrier or its affiliates

 

from the provision of services or capabilities other than carrier

 

by water service.

 

     (iv) Any amounts attributable to the provision of carrier by

 

water service to customers at no charge, including the provision of

 

carrier by water service to public institutions without charge.

 

     (v) Any tax, fee, or assessment of general applicability

 

imposed on the customer or the transaction by a federal, state, or

 

local government or any other governmental entity, collected by the

 

carrier, and required to be remitted to the taxing entity,

 

including, but not limited to, any applicable sales and use taxes.

 

     (vi) Any forgone revenue from the provision of carrier by water

 

service at no charge to any person, except that any forgone revenue

 

exchanged for trades, barters, services, or other items of value

 

shall be included in gross revenues.

 

     (vii) Sales of capital assets or surplus equipment.

 

     (viii) Reimbursement by programmers of marketing costs actually

 

incurred by the carrier.

 

     (ix) The sale of carrier by water service for resale to the

 

extent the purchaser certifies in writing that it will resell the

 

service and pay a franchise fee with respect to the service.

 

     (d) "Local unit of government" means a city, village, or

 

township.

 

     (e) "Person" means an individual, corporation, association,

 

partnership, limited liability company, governmental entity, or any

 

other legal entity.

 

     (f) "Public rights-of-way" means the areas on, below, or above

 

a public roadway, highway, street, sidewalk, alley, waterway, other

 

public place, or utility easements dedicated for compatible uses.

 

     (g) "Uniform carrier by water local franchise agreement" or

 

"franchise agreement" means the franchise agreement required under

 

this act to be the operating agreement between each franchising

 

entity and carrier in this state.

 

     Sec. 10. As used in this act:

 

     (a) "Carrier by water" or "carrier" means a person engaged in,

 

or indicating to the public that the person is engaged in, the

 

business of transporting passengers, freight, express, or other

 

property by water wholly within this state, including, but not

 

limited to, a ferry operator.

 

     (b) "Commission" means the Michigan public service commission

 

established in 1939 PA 3, MCL 460.1 to 460.11.

 

     (c) "Public act" includes a public act of the legislature of

 

this state or a local act of the legislature of this state.