MCL - Act 365 of 2018


Act 365 of 2018

AN ACT to provide for the regulation by state or local government authorities and municipally owned electric utilities of the activities of wireless infrastructure providers and wireless services providers and of wireless facilities, wireless support structures, and utility poles; to regulate rates and fees concerning wireless facilities, wireless support structures, communications service provider pole attachments, and utility poles charged by state or local government authorities and municipally owned electric utilities; to provide for collocation of wireless facilities and of communications service provider pole attachments; to provide for use of public rights-of-way; to regulate certain permitting processes and zoning reviews; to prohibit certain commercially discriminatory actions by state or local government authorities and municipally owned electric utilities; to prohibit state and local government authorities from entering into exclusive arrangements with any person for the right to attach to certain utility poles; to authorize indemnification and insurance requirements; to authorize certain bonding requirements; and to provide for charges for electricity to operate small cell wireless facilities.

History: 2018, Act 365, Eff. Mar. 12, 2019

The People of the State of Michigan enact:
Document Type Description
Section 460.1301 Section Short title; purpose of act.
Section 460.1303 Section Definitions; A, B.
Section 460.1305 Section Definitions; C to I.
Section 460.1307 Section Definitions; L to S.
Section 460.1309 Section Definitions; U to W.
Section 460.1311 Section Collocation of small cell wireless facilities; prohibited authority.
Section 460.1313 Section Activities of wireless provider in public right of way; exclusive arrangement prohibited; rates; ordinance compliance; installation and concealment requirements; waiver of undergrounding requirements; repair damage to right of way.
Section 460.1315 Section Permitted activities of wireless provider in right of way; application; determination; notice; denial; consolidated application; extension; fees; revocation; moratorium prohibited; notice of discontinuance of use.
Section 460.1317 Section Zoning review and approval; application; approval or denial requirements; fees; moratorium prohibited; revocation.
Section 460.1319 Section Authority poles; exclusive arrangement prohibited; limitation on rates, fees, and terms; elimination of aboveground poles.
Section 460.1321 Section Municipally owned electric utility; collocation on nonauthority poles; standards; application process; moratorium prohibited; rates; make-ready work.
Section 460.1323 Section Attaching entity; standards; compliance; rate; civil action.
Section 460.1325 Section Jurisdiction; authority; certain interior structures, campuses, stadiums, and athletic facilities.
Section 460.1327 Section Circuit courts; jurisdiction; right to appeal.
Section 460.1329 Section Indemnification; insurance requirements.
Section 460.1331 Section Fee and rate limitations.
Section 460.1333 Section Bonding requirements; limitations.
Section 460.1335 Section Labeling requirement of small cell wireless facility.
Section 460.1337 Section Payment of electricity to operate small cell wireless facility.
Section 460.1339 Section Scope of act; application to and effect on certain electric utilities.