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Act 365 of 2018
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SMALL WIRELESS COMMUNICATIONS FACILITIES DEPLOYMENT ACT

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:

DocumentTypeDescription
Section 460.1301SectionShort title; purpose of act.
Section 460.1303SectionDefinitions; A, B.
Section 460.1305SectionDefinitions; C to I.
Section 460.1307SectionDefinitions; L to S.
Section 460.1309SectionDefinitions; U to W.
Section 460.1311SectionCollocation of small cell wireless facilities; prohibited authority.
Section 460.1313SectionActivities 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 460.1315SectionPermitted 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 460.1317SectionZoning review and approval; application; approval or denial requirements; fees; moratorium prohibited; revocation.
Section 460.1319SectionAuthority poles; exclusive arrangement prohibited; limitation on rates, fees, and terms; elimination of aboveground poles.
Section 460.1321SectionMunicipally owned electric utility; collocation on nonauthority poles; standards; application process; moratorium prohibited; rates; make-ready work.
Section 460.1323SectionAttaching entity; standards; compliance; rate; civil action.
Section 460.1325SectionJurisdiction; authority; certain interior structures, campuses, stadiums, and athletic facilities.
Section 460.1327SectionCircuit courts; jurisdiction; right to appeal.
Section 460.1329SectionIndemnification; insurance requirements.
Section 460.1331SectionFee and rate limitations.
Section 460.1333SectionBonding requirements; limitations.
Section 460.1335SectionLabeling requirement of small cell wireless facility.
Section 460.1337SectionPayment of electricity to operate small cell wireless facility.
Section 460.1339SectionScope of act; application to and effect on certain electric utilities.
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