MPSC Issues Compliance Reminder Ahead of Anticipated Broadband Expansion

Posted on October 25, 2023 by Herasanna Richards

From the Michigan Public Service Commission: 

In recent years, there has been significant attention and funding toward broadband expansion throughout Michigan. Internet Service Providers (ISPs) will continue ramping up investment, construction, and expanding their broadband infrastructure in the coming years as the Broadband Equity, Access, and Deployment (BEAD) program takes full effect.

At this time, it is helpful to remind Michigan’s municipalities of the local, state, and federal rules, laws, and ordinances with which the ISPs must comply. In particular, we wanted to draw your attention to Section 5(1) of the METRO Act (PA 48 of 2002) which states in part that a “provider using or seeking to use public rights-of-way in a metropolitan area for its telecommunication facilities shall obtain a permit under section 15 from the municipality and pay all fees required under this act.” Additionally, Section 6 of the METRO Act also states in part, “Except as otherwise provided by this act, a provider shall file an application for a permit and pay a 1-time $500.00 application fee to each municipality whose boundaries include public rights-of-way for which access or use is sought by the provider.” If your community has questions or concerns related to the METRO Act, you may contact Sean Kelly of the Michigan Public Service Commission (MPSC) at 517-284-8210 or [email protected].

Section 6(6) of the METRO Act states in part that “A municipality shall notify the commission when it grants or denies a permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied.” Permit notices should also include the term of the permit and the name of the ISP and should be sent to the attention of:

Mr. Ryan McAnany, Director

Telecommunications Division

Michigan Public Service Commission 7109 W. Saginaw Hwy.

P.O. Box 30221 Lansing, MI 48909

LARA-[email protected]

Additionally, some communities may be experiencing new cable providers requesting to enter your community to offer cable television broadband service and other service offerings. Please remember that cable television providers must comply with Public Act 480 of 2006. Cable television providers will most likely submit a Uniform Video Services Local Franchise Agreement with your community. If your community has questions about Public Act 480 of 2006, you may contact me at 517-582-4494 or [email protected]. Please remember that MPSC staff cannot provide legal advice, and you should always consult your municipal attorney regarding legal questions and concerns.

Herasanna Richards is a legislative associate handling energy, environment, public safety, and technology for the League. She can be reached at [email protected] or 517-908-0309.

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