Bill Text: MI HB6022 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Taxation; other; duties and responsibilities of certain authorities; transfer and modify. Amends secs. 2 & 3 of 2002 PA 48 (MCL 484.3102 & 484.3103).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-27 - Assigned Pa 404'12 [HB6022 Detail]
Download: Michigan-2011-HB6022-Engrossed.html
HB-6022, As Passed House, December 6, 2012
HOUSE BILL No. 6022
November 8, 2012, Introduced by Rep. Gilbert and referred to the Committee on Tax Policy.
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 areas
metropolitan
authority
created in section 3.under
the Michigan metropolitan
areas metropolitan 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 metropolitan areas
metropolitan authority shall
exercise the powers, duties, functions, and responsibilities vested
in the authority under this act. 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 the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(4) On October 1, 2013, 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, 2013 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
the most efficient manner possible 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, 2013 shall continue in effect until
revised, amended, repealed, or rescinded by the authority unless
prohibited by law.
