Michigan · statute · 365 of 2018, Mich. Comp. Laws · 20 active provisions
(1) This act shall be known and may be cited as the "small wireless communications facilities deployment act". (2) The purpose of the act is to do all of the following: (a) Increase investment in wireless networks that will benefit the citizens of this state by providing better access to emergency services, advanced te…
As used in this act: (a) "Affiliated transmission company" means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562. (b) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wirele…
As used in this act: (a) "Colocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. "Collocation" has a corresponding meaning. Colocate does not include make-ready work or the installation of a new utility pole or new wir…
As used in this act: (a) "Law" means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance. (b) "Make-ready work" means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility pol…
As used in this act: (a) "Utility pole" means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in sectio…
(1) Except as provided in this act, an authority shall not prohibit, regulate, or charge for the collocation of small cell wireless facilities. (2) The approval of a small cell wireless facility under this act authorizes only the collocation of a small cell wireless facility and does not authorize either of the followi…
(1) This section applies only to activities of a wireless provider within the public right-of-way for the deployment of small cell wireless facilities and associated new or modified utility poles. (2) An authority shall not enter into an exclusive arrangement with any person for use of the ROW for the construction, ope…
(1) This section applies to activities of a wireless provider within the public right-of-way. (2) Except as otherwise provided in subsection (5), an authority may require a permit to colocate a small cell wireless facility or install, modify, or replace a utility pole on which a small cell wireless facility will be col…
(1) The activities set forth in section 15(5) are exempt from zoning review. Subsections (2) to (4) apply to zoning reviews for the following activities that are subject to zoning review and approval, that are not a permitted use under section 13(5), and that take place within or outside the public right-of-way: (a) Th…
(1) An authority shall not enter into an exclusive arrangement with any person for the right to attach to authority poles. A person who purchases, controls, or otherwise acquires an authority pole is subject to the requirements of this section. (2) The rate for the collocation of small cell wireless facilities on autho…
(1) The governing body of a municipally owned electric utility shall not enter into an exclusive arrangement with any person for the right to attach to nonauthority poles. (2) The governing body of a municipally owned electric utility shall allow the collocation of small cell wireless facilities on nonauthority poles o…
(1) An attaching entity, and all contractors or parties under its control, shall comply with reliability, safety, and engineering standards adopted by the governing body of a municipally owned electric utility, including, but not limited to, the following: (a) Applicable engineering and safety standards governing insta…
An authority does not have jurisdiction or authority over the design, engineering, construction, installation, or operation of a small cell wireless facility located in an interior structure or upon a campus of an institution of higher education including any stadiums or athletic facilities associated with the institut…
The circuit court has jurisdiction to determine all disputes arising under this act. Venue lies in the judicial circuit where the authority or municipally owned electric utility is located. In addition to its right to appeal to the circuit court, an applicant may elect, at its sole discretion, to appeal a determination…
As part of the permit process under section 15, a zoning approval process under section 17, or a request process under section 21, an authority or the governing body of a municipally owned electric utility may require a wireless provider to do the following with respect to a small cell wireless facility, a wireless sup…
An authority may establish a fee or rate less than the maximum specified in section 13(3), 15(3), 17(4), or 19(2), subject to other requirements of this act.
(1) As a condition of a permit described in this act, an authority may adopt bonding requirements for small cell wireless facilities if both of the following requirements are met: (a) The authority imposes similar requirements in connection with permits issued for similarly situated users of the ROW. (b) The purpose of…
A small cell wireless facility for which a permit is issued shall be labeled with the name of the wireless provider, emergency contact telephone number, and information that identifies the small cell wireless facility and its location.
A wireless provider is responsible for arranging and paying for the electricity used to operate a small cell wireless facility.
(1) This act does not add to, replace, or supersede any law regarding poles or conduits, similar structures, or equipment of any type owned or controlled by an investor-owned utility whose rates are regulated by the MPSC, an affiliated transmission company, an independent transmission company, or, except as provided in…