reglab/housing_qa huggingface dataset:
MI Comp L § 484.3112 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)|Section 484.3112 - Fee Sharing; Allocation of Fund Under Section 10(2); Weighted Linear Feet; Excluded Municipalities.

484.3112 Fee sharing; allocation of fund under section 10(2); weighted linear feet; excluded municipalities. Sec. 12.  (1) The authority shall allocate the funding provided for fee sharing under section 10(2) as follows:  (a) The amount available under this section multiplied by the percentage of weighted linear feet attributable to cities and villages, as compared to the total weighted linear feet attributable to cities, villages, and townships, shall be disbursed to cities and villages in a metropolitan area on the basis of the distribution to each city or village under section 13 of 1951 PA 51, MCL 247.663, for the most recent year as a proportion of the total distribution to all cities and villages located in metropolitan areas under section 13 of 1951 PA 51, MCL 247.663, for the most recent year.  (b) The amount available under this section multiplied by the percentage of weighted linear feet attributable to townships, as compared to the total weighted linear feet attributable to cities, villages, and townships, shall be disbursed to townships on the basis of each township's proportionate share of the total unweighted linear feet of public rights-of-way in or on which providers' facilities are located within all townships located in metropolitan areas.  (2) The following shall be used under this section in determining the weighted linear feet in which telecommunications facilities are first placed by any telecommunications provider after the effective date of this act:  (a) All underground linear feet shall receive a weight of 3.0.  (b) All linear feet in a city, village, or township with a population in excess of 5,000 and not covered under subdivision (a) shall receive a weight of 2.0.  (c) All other linear feet shall receive a weight of 1.0.  (3) Except as otherwise provided under sections 13 and 14, municipalities that are ineligible under section 13 or 14 shall be excluded from the computation, allocation, and distribution of funding under this section. History: 2002, Act 48, Eff. Nov. 1, 2002
MI Comp L § 484.3113 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)|Section 484.3113 - Modification of Fees by Municipality.

484.3113 Modification of fees by municipality.Sec. 13.  (1) A municipality is not eligible to receive funds under sections 11 and 12 unless by December 31, 2007 the municipality has modified to the extent necessary any fees charged to providers after the effective date of this act relating to access to and usage of the public rights-of-way to an amount not exceeding the amounts of fees and charges required under this act.  (2) To the extent a telecommunications provider pays fees to a municipality that have not been modified as required by this section, both of the following apply:  (a) The provider may deduct the fees paid from the fee required to be paid under section 8 for those rights-of-way.  (b) The amounts received shall be deducted from the amounts the municipality is eligible to receive under sections 11 and 12.  (3) The authority may allow a municipality in violation of this section to become eligible to receive funds under sections 11 and 12 if the authority determines that the violation occurred despite good faith efforts and the municipality rebates to the authority any fees received in excess of those required under section 8, including any interest as determined by the authority.  (4) A municipality is considered to have modified the fees under subsection (1) if it has adopted a resolution or ordinance, effective no later than January 1, 2008, approving the modification so that providers with telecommunication facilities in public rights-of-way within the municipality's boundaries pay only those fees required under section 8. The municipality shall provide each provider affected by the fee a copy of the resolution or ordinance passed under this subsection.  (5) Except as otherwise provided by a municipality, if section 8 is found to be invalid or unconstitutional, a modification of fees under this section is void from the date the modification was made.  (6) To be eligible to receive fee-sharing payments under this act, a municipality shall not hold a cable television operator in default or seek any remedy for failure to satisfy an obligation, if any, to pay after the effective date of this act a franchise fee or other similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband internet transport access services.  (7) If a municipality adopts a resolution as required under this section but adopts it after the distribution of funds under sections 11 and 12 for 2007, the municipality shall be eligible to receive funds for 2007 from funds available after the 2007 distribution date. History: 2002, Act 48, Eff. Nov. 1, 2002 ;-- Am. 2008, Act 130, Imd. Eff. May 9, 2008
MI Comp L § 484.3115 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)|Section 484.3115 - Provider Access to and Use of Public Rights-of-Way.

484.3115 Provider access to and use of public rights-of-way. Sec. 15.  (1) Except as otherwise provided in this section, a municipality shall, upon application, grant to providers a permit for access to and the ongoing use of all public rights-of-way located within its municipal boundaries. A municipality shall act reasonably and promptly on all applications filed for a permit involving an easement or public place.  (2) This section shall not limit a municipality's right to review and approve a provider's access to and ongoing use of a public right-of-way or limit the municipality's authority to ensure and protect the health, safety, and welfare of the public.  (3) A municipality shall approve or deny access under this section within 45 days from the date a provider files an application for a permit for access to a public right-of-way. A provider's right to access and use of a public right-of-way shall not be unreasonably denied by a municipality. A municipality may require as a condition of the permit that a bond be posted by the provider, which shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the provider's access and use.  (4) Any conditions of a permit granted under this section shall be limited to the provider's access and usage of any public right-of-way.  (5) A provider undertaking an excavation or constructing or installing facilities within a public right-of-way or temporarily obstructing a public right-of-way, as authorized by the permit, shall promptly repair all damage done to the street surface and all installations on, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition. The authority shall also have the jurisdiction to require the repair and restoration of any right-of-way, including state right-of-way, which has not been repaired or restored after installation. History: 2002, Act 48, Eff. Nov. 1, 2002
MI Comp L § 484.3116 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)|Section 484.3116 - Cable Franchise.

484.3116 Cable franchise. Sec. 16.  This act does not affect the requirement of a cable operator to obtain a cable franchise from a municipality. History: 2002, Act 48, Eff. Nov. 1, 2002
MI Comp L § 484.3117 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)|Section 484.3117 - Review of Decision or Review.

484.3117 Review of decision or review. Sec. 17.  A decision or assessment of the authority is subject to a de novo review by the commission upon the request of an interested person. A decision or order of the commission issued under this act is subject to review as provided under section 26 of 1909 PA 300, MCL 462.26. History: 2002, Act 48, Eff. Nov. 1, 2002
MI Comp L § 484.3118 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)|Section 484.3118 - Complaint; Proceeding; Remedies and Penalties.

484.3118 Complaint; proceeding; remedies and penalties. Sec. 18.  (1) Except as otherwise provided by this act, the time requirements and procedures governing a complaint proceeding under this act shall be the same as those under section 203 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2203.  (2) If after notice and hearing the commission finds that a person has violated this act, the commission shall order remedies and penalties to protect and make whole persons who have suffered an economic loss as a result of the violation, including, but not limited to, 1 or more of the following:  (a) For failure to pay an undisputed fee assessed by the authority under this act, order the provider to pay a fine of not more than 1% of the amount of the unpaid assessment for each day that the assessment remains unpaid. For each subsequent offense under this subdivision, a fine of not more than 2% for each day the assessment remains unpaid.  (b) For a violation under section 14, order the suspension or termination of all or a portion of the fee-sharing payments to the municipality provided for under section 11 or 12.  (c) Order the person who violated this act to pay a fine of not less than $200.00 or more than $20,000.00 per day that the person is in violation. For each subsequent offense, a fine of not less than $500.00 or more than $40,000.00 per day that the person is in violation of this act.  (d) If the person is a provider, order that the provider's permit allowing access to and use of a municipality's public right-of-way be conditioned or amended.  (e) Issue cease and desist orders.  (f) Order the person who violates this act to pay attorney fees and actual costs of a person that is not a provider of telecommunication services to 250,000 or more end-users. History: 2002, Act 48, Eff. Nov. 1, 2002
MI Comp L § 484.3120 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 48 of 2002 - Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (484.3101 - 484.3120)|Section 484.3120 - Supreme Court Opinion; Request by Legislature or Governor.

484.3120 Supreme court opinion; request by legislature or governor. Sec. 20.  Pursuant to section 8 of article III of the state constitution of 1963, either house of the legislature or the governor may request the opinion of the supreme court on important questions of law as to the constitutionality of this act. History: 2002, Act 48, Eff. Nov. 1, 2002
MI Comp L § 484.3201 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225)|Section 484.3201 - Short Title.

484.3201 Short title. Sec. 1.  This act shall be known and may be cited as the "Michigan broadband development authority act". History: 2002, Act 49, Imd. Eff. Mar. 14, 2002 Compiler's Notes: For transfer of powers and duties of Michigan broadband development authority from department of treasury to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of Michigan broadband development authority and its board of directors, with the exception of powers and duties under MCL 484.3207(1)(d), to the Michigan state housing development authority, and for transfer of powers and duties under MCL 484.3207(1)(d) to Michigan public service commission, see E.R.O. No. 2008-4, compiled at MCL 445.2025.
MI Comp L § 484.3204 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225)|Section 484.3204 - Michigan Broadband Development Authority; Creation; Duties.

484.3204 Michigan broadband development authority; creation; duties. Sec. 4.  (1) The Michigan broadband development authority is created as a public body corporate and politic within the department of treasury.  (2) The authority may do all of the following:  (a) Assist through financing and refinancing the expansion of broadband infrastructure services to residential, commercial, public, and nonprofit customers in this state.  (b) Authorize the issuance of bonds and notes to finance or refinance the private and public sectors' development of the broadband infrastructure.  (c) Authorize the making of loans and joint venture and partnership arrangements subject to section 7(2) and (3) to broadband developers and broadband operators.  (d) Authorize the imposition and collection of rents, charges, and fees for the services furnished by the broadband infrastructure in conjunction with financing entered into by the authority.  (e) Enter into joint venture and partnership arrangements and partnerships subject to section 7(2) and (3) to acquire, construct, maintain, and operate the broadband infrastructure.  (f) Assist broadband developers and operators with all other matters necessary for the acquisition, construction, maintenance, and operation of the broadband infrastructure.  (g) Continuously evaluate all types of technologies in order to encourage the widest deployment of broadband services and broadband infrastructure in this state.  (h) Make broadband services to schools and libraries a priority under authority financing programs.  (i) Insure that the financing and refinancing of the development of broadband services under this act includes provisions that small businesses and that each region of this state have an equal opportunity to receive financing and refinancing. History: 2002, Act 49, Imd. Eff. Mar. 14, 2002 Compiler's Notes: For transfer of powers and duties of Michigan broadband development authority from department of treasury to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of Michigan broadband development authority and its board of directors, with the exception of powers and duties under MCL 484.3207(1)(d), to the Michigan state housing development authority, and for transfer of powers and duties under MCL 484.3207(1)(d) to Michigan public service commission, see E.R.O. No. 2008-4, compiled at MCL 445.2025.
MI Comp L § 484.3205 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225)|Section 484.3205 - Administrative Functions; Performance Under Direction and Supervision of State Treasurer.

484.3205 Administrative functions; performance under direction and supervision of state treasurer. Sec. 5.  The authority shall exercise its duties independently of the state treasurer. The budgeting, procurement, and related administrative functions of the authority shall be performed under the direction and supervision of the state treasurer. History: 2002, Act 49, Imd. Eff. Mar. 14, 2002 Compiler's Notes: For transfer of powers and duties of Michigan broadband development authority from department of treasury to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of Michigan broadband development authority and its board of directors, with the exception of powers and duties under MCL 484.3207(1)(d), to the Michigan state housing development authority, and for transfer of powers and duties under MCL 484.3207(1)(d) to Michigan public service commission, see E.R.O. No. 2008-4, compiled at MCL 445.2025.
MI Comp L § 484.3208 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225)|Section 484.3208 - Reserve Capital Account; Creation; Administration; Credit of Proceeds From Sale of Notes or Bonds; Capital Reserve Fund; Creation; Use; Security Arrangements; Transfer of Income or Interest Earned.

484.3208 Reserve capital account; creation; administration; credit of proceeds from sale of notes or bonds; capital reserve fund; creation; use; security arrangements; transfer of income or interest earned. Sec. 8.  (1) A reserve capital account is created under the jurisdiction and control of the authority and shall be administered by the authority to secure notes and bonds of the authority. The authority shall credit to the reserve capital account the proceeds of the sale of notes or bonds to the extent provided for in the authorizing resolution of the authority, and any other money that is made available to the authority for the purpose of the reserve capital account.  (2) In the resolution authorizing the issuance of notes or bonds, the authority may establish a capital reserve fund for the payment of the principal and interest of notes or bonds, for the purchase or redemption of the notes or bonds, or for the payment of a redemption premium required to be paid when the notes or bonds are redeemed before maturity. The authority shall not use a capital reserve fund for an optional purchase or optional redemption of notes or bonds if the use would reduce the total of the money in the capital reserve fund to less than the capital reserve fund requirement established for the fund.  (3) In addition to, or in lieu of, depositing money in the reserve capital account or in a capital reserve fund, the authority may obtain or pledge letters of credit, insurance policies, surety bonds, guarantees, or other security arrangements if the security arrangements are approved by the state treasurer. The amount available under letters of credit, insurance policies, surety bonds, guarantees, or other security arrangements pledged to the capital reserve fund shall be credited toward the capital reserve fund requirement for the fund.  (4) Income or interest earned by the reserve capital account may be transferred by the authority to other funds or accounts of the authority.  (5) Income or interest earned by a capital reserve fund may be transferred by the authority to other funds or accounts of the authority to the extent that the transfer does not reduce the total of the amount of money and security arrangements authorized under subsection (3) in the fund below the capital reserve fund requirement for that fund. History: 2002, Act 49, Imd. Eff. Mar. 14, 2002 Compiler's Notes: For transfer of powers and duties of Michigan broadband development authority from department of treasury to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
MI Comp L § 484.3209 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225)|Section 484.3209 - Capital Reserve Fund; Amount; Deficiency; Restoration; Liability of State for Notes or Bonds.

484.3209 Capital reserve fund; amount; deficiency; restoration; liability of state for notes or bonds. Sec. 9.  (1) The authority shall accumulate in a capital reserve fund an amount equal to the capital reserve fund requirement for that fund. If at any time the amount of a capital reserve fund falls below the capital reserve fund requirement for that fund, the authority shall transfer from the reserve capital account to the capital reserve fund an amount equal to the capital reserve fund requirement. If a deficiency exists in more than 1 capital reserve fund and the amount in the reserve capital account is not sufficient to fully restore the capital reserve funds, the money in the reserve capital account shall be allocated between the deficient capital reserve funds pro rata according to the amounts of the deficiencies. If at any time the reserve capital account has been exhausted and the amount of the capital reserve fund is insufficient to meet the capital reserve fund requirement, the authority on or before September 1 shall certify to the governor the amount necessary to restore the capital reserve fund to an amount equal to the capital reserve fund requirement for that fund. The governor shall include in his or her annual budget the amount certified under this subsection by the authority.  (2) This state is not liable on notes or bonds of the authority and the notes and bonds are not a debt of this state. The notes and bonds shall contain on their face a statement of the limitation contained under this section. History: 2002, Act 49, Imd. Eff. Mar. 14, 2002 Compiler's Notes: For transfer of powers and duties of Michigan broadband development authority from department of treasury to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
MI Comp L § 484.3210 (2021)
2021 Michigan Compiled Laws|Chapter 484 - Telephone, Telegraph, and Radio|Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225)|Section 484.3210 - Notes and Bonds; Issuance, Renewal, and Refund by Authority.

484.3210 Notes and bonds; issuance, renewal, and refund by authority. Sec. 10.  (1) The authority may issue notes and bonds as provided under this act to do all of the following:  (a) Pay the development costs associated with acquiring, leasing, constructing, maintaining, and operating the broadband infrastructure.  (b) Make loans to persons for development costs.  (c) Make loans to persons to make purchases related to the broadband infrastructure.  (d) Make loans to persons to refinance existing debt of the authority or other persons incurred in connection with the acquisition or development of technology that constitutes a part of or is related to the broadband infrastructure.  (e) Pay the interest on bonds and notes of the authority.  (f) Establish reserves to secure the bonds and notes of the authority.  (g) Make other expenditures necessary to carry out the authority's duties under this act, including the payment of the authority's operating expenses.  (2) The authority may issue renewal notes, issue bonds to pay notes, and refund bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded. The authority may issue instruments separate from the obligations described in this subsection that establish a contractual right in the holder of the instrument to require mandatory tender for purchase of the obligations to which the instrument applies for a period of time and subject to provisions as the authority may determine.  (3) Except as otherwise provided by the authority or this act, every note or bond issue of the authority shall be a general obligation of the authority payable out of revenues or money of the authority, subject only to agreements with the holders of particular notes or bonds pledging any particular receipts or revenues.  (4) Whether or not the notes or bonds are of a form or character as to be negotiable instruments, the notes or bonds are negotiable instruments within the meaning of the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102. History: 2002, Act 49, Imd. Eff. Mar. 14, 2002 Compiler's Notes: For transfer of powers and duties of Michigan broadband development authority from department of treasury to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.