reglab/statecodes huggingface dataset:
2023 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 484.3110 - Fee-Sharing Payments.

484.3110 Fee-sharing payments.
Sec. 10.
(1) Except as reduced by the amount provided for under subsection (2), the authority shall allocate the annual maintenance fees collected under this act to fund the fee-sharing mechanism under section 11.
(2) To the extent that fees exceed $30,000,000.00 in any year and are from fees for linear feet of rights-of-way in which telecommunication facilities are constructed by a provider after the effective date of this act, the authority shall allocate that amount to fund the fee-sharing mechanism under section 12.
(3) To be eligible to receive fee-sharing payments under this act, a municipality shall comply with this act. For the purpose of the distribution under sections 11 and 12, a municipality is considered to be in compliance with this act unless the authority finds to the contrary in a proceeding against the municipality affording due process initiated by a provider, the commission, or the attorney general. If a municipality is found not to be in compliance, fee-sharing payments shall be held by the authority in escrow until the municipality returns to compliance. A municipality is not ineligible to receive fee-sharing payments for any matter found to be a good faith dispute or matters of first impression under this act or other applicable law.
(4) The amount received under sections 11 and 12 shall be used by the municipality solely for rights-of-way related purposes. Rights-of-way purposes does not include constructing or utilizing telecommunication facilities to serve residential or commercial customers.
(5) A municipality receiving funds under sections 11 and 12 with a population of less than 10,000 may file and a municipality receiving funds under sections 11 and 12 with a population of 10,000 or more shall file an annual report with the authority on the use and disposition of the funds. The authority shall prescribe the form of the report to be filed under this subsection, which report shall be in a simplified format.
History:
2002, Act 48, Eff. Nov. 1, 2002
2023 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 484.3111 - Fee Sharing; Allocation of Fund Under Section 10(1); Excluded Municipalities.

484.3111 Fee sharing; allocation of fund under section 10(1); excluded municipalities.
Sec. 11.
(1) The authority shall allocate the funding provided for fee sharing under section 10(1) as follows:
(a) 75% to 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) 25% to be disbursed to townships in a metropolitan area on the basis of each township's proportionate share of the total linear feet of public rights-of-way occupied by providers within all townships located in metropolitan areas.
(2) 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3211 - Notes and Bonds; Issuance by Resolution; Form and Terms; Sale; Prices.

484.3211 Notes and bonds; issuance by resolution; form and terms; sale; prices.
Sec. 11.
(1) The notes and bonds shall be authorized by resolution of the authority and mature at the time provided in the resolution. The notes and bonds shall be in a form, bear interest at a rate or rates, be in the denominations, carry registration privileges, be payable, and be subject to the terms of redemption as provided in the resolution.
(2) The notes and bonds of the authority may be sold by the authority at public or private sales at prices as the authority determines.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3213 - Money or Property Pledged and Received by Authority.

484.3213 Money or property pledged and received by authority.
Sec. 13.
(1) Any pledge made by the authority is valid and binding from the date that the pledge is made.
(2) The money or property pledged and received by the authority shall immediately be subject to the lien of the pledge without any physical delivery or further act and the lien of the pledge is valid and binding against all parties having claims in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the lien.
(3) The resolution or any other instrument by which a pledge is created need not be recorded.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3214 - Notes or Bonds; Personal Liability.

484.3214 Notes or bonds; personal liability.
Sec. 14.
The members of the board or any person executing the notes or bonds under this act are not liable personally on the notes or bonds or subject to any personal liability or accountability by reason of the issuance of the notes or bonds.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3215 - Notes or Bonds; Power of Authority to Purchase.

484.3215 Notes or bonds; power of authority to purchase.
Sec. 15.
Subject to any agreements with noteholders or bondholders, the authority has the power to use any funds available to purchase notes or bonds of the authority at a price determined by the authority.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3216 - Rights of Authority to Fulfill Terms of Agreement Not Limited, Altered, or Impaired.

484.3216 Rights of authority to fulfill terms of agreement not limited, altered, or impaired.
Sec. 16.
This state pledges and agrees with the holders of any notes or bonds issued under this act, that this state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders, or in any way impair the rights and remedies of the holders until the notes or bonds, together with earned interest, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of this state in any agreement with the holders of notes or bonds under this 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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3217 - Notes or Bonds as Limited Obligations.

484.3217 Notes or bonds as limited obligations.
Sec. 17.
(1) The authority may issue notes or bonds that are expressly stated not to be general obligations of the authority but that constitute limited obligations of the authority payable solely from and secured solely by the revenues, money, and property as the authority may specify.
(2) The notes or bonds designated as limited obligations under this section shall not be payable from or secured by the reserve capital account, and any reserve fund established for the limited obligation notes or bonds shall not constitute a capital reserve fund under this 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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3218 - Default.

484.3218 Default.
Sec. 18.
(1) If the authority defaults in the payment of principal or interest of any notes or bonds when due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days, or if the authority fails or refuses to comply with this act, or defaults in any agreement made with the holders of any notes or bonds, the holders of 25% in aggregate principal amount of the notes or bonds then outstanding may apply to the circuit court of Ingham county for the appointment of a trustee to represent the holders of the notes or bonds.
(2) A trustee appointed under this act may, and upon the written request of the holders of 25% in aggregate principal amount of the notes or bonds shall, do any of the following:
(a) Enforce all rights of the noteholders or bondholders, including the right to require the authority to perform its duties under this act.
(b) Bring suit upon the notes or bonds.
(c) Require the authority to account as if it were the trustee of an express trust for the holders of the notes or bonds.
(d) Enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the notes or bonds.
(e) Declare all the notes or bonds due and payable.
(3) Before declaring the principal of notes or bonds due and payable, the trustee shall first give 30 days' notice in writing to the governor, to the authority, and to the attorney general.
(4) The trustee has all of the powers necessary or appropriate for the general representation of bondholders or noteholders in the enforcement and protection of their rights.
(5) An action under this section shall be brought in the circuit court for the county of Ingham.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3219 - Disposition of Money Held by Authority.

484.3219 Disposition of money held by authority.
Sec. 19.
(1) Money of the authority shall be held by the authority and deposited in a financial institution approved by the state treasurer, which financial institution may give security for the deposits.
(2) The authority may, subject to the approval of the state treasurer, contract with the holders of any of its notes or bonds as to the custody, collection, securing, investment, and payment of money of the authority, of any money held in trust or otherwise for the payment of notes or bonds, and to carry out the contract. Money held in trust or otherwise for the payment of notes or bonds or in any way to secure notes or bonds and deposits of money may be secured in the same manner as money of the authority.
(3) The authority may enter into an interest rate exchange or swap, hedge, or similar agreement or agreements in connection with the issuance of its notes or bonds or in connection with its then outstanding notes or bonds.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3220 - Notes and Bonds as Securities; Investment.

484.3220 Notes and bonds as securities; investment.
Sec. 20.
The notes and bonds of the authority are securities in which public officers and bodies of this state and municipalities and municipal subdivisions, insurance companies and associations and other persons carrying on an insurance business, banks, trust companies, savings banks and savings associations, savings and loan associations, investment companies, administrators, guardians, executors, trustees and other fiduciaries, and any other person who is now or may be authorized to invest in bonds or other obligations of this state, may properly and legally invest funds, including capital, in their control or belonging to them.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3221 - Full Faith and Credit Bonds; Issuance; Vote.

484.3221 Full faith and credit bonds; issuance; vote.
Sec. 21.
The authority, at its discretion, may recommend an issuance of full faith and credit bonds to the legislature for a vote of the people.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3222 - Notes and Bonds; Exemption From Tax.

484.3222 Notes and bonds; exemption from tax.
Sec. 22.
This state covenants with the purchasers and all subsequent holders and transferees of notes and bonds issued by the authority, in consideration of the acceptance of and payment for the notes and bonds, that the notes and bonds of the authority, issued under this act and the income from the notes and bonds and all its fees, charges, grants, revenues, receipts, and other money received or to be received, pledged to pay or secure the payment of the notes or bonds shall at all times be free and exempt from all state, city, county, or other taxation provided by the laws of this state, except for estate and gift taxes and taxes on transfers.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3223 - Property; Exemption From Tax.

484.3223 Property; exemption from tax.
Sec. 23.
The property of the authority and its income and operation are exempt from all taxation by this state or any of its political subdivisions.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3224 - Annual Report.

484.3224 Annual report.
Sec. 24.
The authority shall submit an annual report no later than March 1 of each year relating to its activities for the preceding calendar year to the governor, the speaker of the house of representatives, the majority leader of the senate, and to each member of the house and senate committees with oversight over utility and energy issues.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 49 of 2002 - Michigan Broadband Development Authority Act (484.3201 - 484.3225) › Section 484.3225 - New Partnerships or Joint Ventures; Limitation.

484.3225 New partnerships or joint ventures; limitation.
Sec. 25.
Except to the extent necessary to maintain, improve, complete, or expand within the defined service area, an element of the broadband infrastructure already acquired or financed under this act, the authority shall not enter into new partnerships or other joint ventures arrangements or provide new loans or joint venture and partnership arrangements after December 31, 2008.
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.
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3251 - Short Title.

484.3251 Short title.
Sec. 1.
This act shall be known and may be cited as the "broadband expansion act of Michigan".
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3252 - Definitions.

484.3252 Definitions.
Sec. 2.
As used in this act:
(a) "Applicant" means an internet service provider that submits an application for a grant after collaborating with the community in the unserved area.
(b) "Broadband service" means a retail service, not including a satellite service, capable of delivering high-speed internet access at speeds of at least 25 megabits per second downstream and 3 megabits per second upstream.
(c) "Department" means the department of technology, management, and budget.
(d) "Deployed" means that a provider meets either of the following:
(i) Currently provides broadband service of at least 25 megabits per second download and 3 megabits per second upload in the specific geographic area of the proposed project of the applicant.
(ii) Is able to provide broadband service of at least 25 megabits per second download and 3 megabits per second upload in a specific geographic area of the proposed project of the applicant to a customer that requests that service not later than 30 days after the customer requests installation of that service and without an extraordinary commitment of resources or construction charges or fees exceeding an ordinary service activation fee. The 30-day time period is extended to 60 days if permits are needed before the broadband service is activated.
(e) "Internet service provider" means any of the following:
(i) An entity holding a license under the Michigan telecommunications act, 1991 PA 179, MCL 484.2101 to 484.2603.
(ii) An entity holding a franchise under the uniform video services local franchise act, 2006 PA 480, MCL 484.3301 to 484.3315.
(iii) An entity currently providing broadband service in this state.
(f) "Person" includes an individual, community organization, cooperative association, corporation, federally recognized Indian tribe, limited liability company, nonprofit corporation, partnership, or political subdivision of this state.
(g) "Trade secrets" means trade secret as that term is defined in section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902.
(h) "Unserved area" means any of the following:
(i) A census block lacking access to broadband service from at least 1 internet service provider.
(ii) An area lacking access to broadband service from at least 1 internet service provider according to the most accurate and granular data on the broadband map created by the Federal Communications Commission.
(iii) An area delineated by the department by the process established in section 8.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3253 - Statewide Broadband Service Grant Program; Appropriation.

484.3253 Statewide broadband service grant program; appropriation.
Sec. 3.
Within 60 days after receiving an appropriation or federal funding to implement this act, the department shall establish and implement a statewide broadband service grant program called the broadband expansion act of Michigan grant program. Money for the program must be provided by appropriation or by federal funding as provided by law and managed by the department.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3254 - Awarding of Grants for Unserved Areas; Certain Conditions Prohibited; Limitations.

484.3254 Awarding of grants for unserved areas; certain conditions prohibited; limitations.
Sec. 4.
(1) The department shall only use money from the grant program to award grants to applicants for projects that exclusively extend broadband service into unserved areas in this state and for the department's costs to administer the program.
(2) The department shall not, directly or indirectly, award grant money to a governmental entity or educational institution or an affiliate, to own, purchase, construct, operate, or maintain a communications network, or to provide service to any residential or commercial premises.
(3) The department shall not, as a condition of an award of grant money, impose an open network architecture requirement, rate regulation, or other term or condition of service that differs from the applicant's terms or conditions of service in its other service areas.
(4) An applicant shall not receive a grant for the same project or geographic area for which the applicant has obtained federal, state, or local government funding awarded specifically to support the expansion of broadband networks. The department shall not award more than $5,000,000.00 to any 1 project or to any 1 applicant. The department shall award initial grant money within 270 days after the money is made available under this program.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020