METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHTS-OF-WAY OVERSIGHT ACT
Act 48 of 2002
484.3101 Short title; purpose of act.
Sec. 1.
(1) This act shall be known and may be cited as the "metropolitan extension telecommunications rights-of-way oversight act".
(2) The purpose of this act is to do all of the following:
(a) Encourage competition in the availability, prices, terms, and other conditions of providing telecommunication services.
(b) Encourage the introduction of new services, the entry of new providers, the development of new technologies, and increase investment in the telecommunication infrastructure in this state.
(c) Improve the opportunities for economic development and the delivery of telecommunication services.
(d) Streamline the process for authorizing access to and use of public rights-of-way by telecommunication providers.
(e) Ensure the reasonable control and management of public rights-of-way by municipalities within this state.
(f) Provide for a common public rights-of-way maintenance fee applicable to telecommunication providers.
(g) Ensure effective review and disposition of disputes under this act.
(h) Allow for a tax credit as the sole means by which providers can recover the costs under this act and to insure that the providers do not pass these costs on to the end-users of this state through rates and charges for telecommunication services.
(i) Promote the public health, safety, welfare, convenience, and prosperity of this state.
(j) Create an authority to coordinate public right-of-way matters with municipalities.
History: 2002, Act 48, Eff. Nov. 1, 2002
Compiler's Notes:
For transfer of powers and duties of the director of the metropolitan extension telecommunication rights-of-way oversight authority to the director of the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Notes of Decisions
TCG Detroit v. City of Dearborn, 680 N.W.2d 24 (Mich. Ct. App. 2004).
· cites it 10× “2254, was repealed in 2002, during the pendency of this appeal, and that a new act, the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, codified at MCL 484.3101 et seq., took effect on November 1, 2002.”
In Re Complaint of Mcleodusa Telecomm. Servs., Inc, 751 N.W.2d 508 (Mich. Ct. App. 2008).
· cites it 6× “, the predecessor of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (METRO act), MCL 484.3101 et seq. McLeodUSA’s facilities in the township that are subject to the act consist of aerial fiber-optic cable that is strung between utility poles located in…”
20230202_C359420_68_359420.Opn.Pdf (Mich. Ct. App. 2023).
“The metropolitan extension telecommunications rights-of-way oversight act (METRO) governs the installation of broadband cables in public rights-of-way, but again does not refer to any duty in relation to railroad crossings.”
Nat'l Elec. Annuity Plan v. Henkels & McCoy, Inc. (E.D. Mich. 2022).
“hnology is being installed on the Verizon project is irrelevant to the question of whether fiber optic cable installation is “outside telephone work;” (6) the 2011 MOU II does not limit “outside telephone work” to “copper wire” telecommunications; (7) the challenged work is…”
In Re Petition of Sprint Commc'ns Co. Lp., 745 N.W.2d 520 (Mich. Ct. App. 2008).
“The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority (METRO Authority) appeals as of right the Public Service Commission’s (PSC) determination that the annual maintenance fee established in the Metropolitan Extension Telecommunications Rights-of-Way…”
— Mich. Comp. Laws § 484.3101(2) — 2 cases
TCG Detroit v. City of Dearborn, 680 N.W.2d 24 (Mich. Ct. App. 2004).
“2254, was repealed in 2002, during the pendency of this appeal, and that a new act, the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, codified at MCL 484.3101 et seq., took effect on November 1, 2002.”
In Re Complaint of Mcleodusa Telecomm. Servs., Inc, 751 N.W.2d 508 (Mich. Ct. App. 2008).
“, the predecessor of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (METRO act), MCL 484.3101 et seq. McLeodUSA’s facilities in the township that are subject to the act consist of aerial fiber-optic cable that is strung between utility poles located in…”
— Mich. Comp. Laws § 484.3101(2)(e) — 1 case
In Re Complaint of Mcleodusa Telecomm. Servs., Inc, 751 N.W.2d 508 (Mich. Ct. App. 2008).
“, the predecessor of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (METRO act), MCL 484.3101 et seq. McLeodUSA’s facilities in the township that are subject to the act consist of aerial fiber-optic cable that is strung between utility poles located in…”
— Mich. Comp. Laws § 484.3101(2)(g) — 1 case
In Re Complaint of Mcleodusa Telecomm. Servs., Inc, 751 N.W.2d 508 (Mich. Ct. App. 2008).
“, the predecessor of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (METRO act), MCL 484.3101 et seq. McLeodUSA’s facilities in the township that are subject to the act consist of aerial fiber-optic cable that is strung between utility poles located in…”
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