Sec. 8.
(1) A franchising entity shall allow a video service provider to install, construct, and maintain a video service or communications network within a public right-of-way and shall provide the provider with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.
(2) A franchising entity may not discriminate against a video service provider to provide video service for any of the following:
(a) The authorization or placement of a video service or communications network in public rights-of-way.
(b) Access to a building owned by a governmental entity.
(c) A municipal utility pole attachment.
(3) A franchising entity may impose on a video service provider a permit fee only to the extent it imposes such a fee on incumbent video providers, and any fee shall not exceed the actual, direct costs incurred by the franchising entity for issuing the relevant permit. A fee under this section shall not be levied if the video service provider already has paid a permit fee of any kind in connection with the same activity that would otherwise be covered by the permit fee under this section or is otherwise authorized by law or contract to place the facilities used by the video service provider in the public rights-of-way or for general revenue purposes.
History: 2006, Act 480, Eff. Jan. 1, 2007