Sec. 33.
(1) As a condition of a permit described in this act, an authority may adopt bonding requirements for small cell wireless facilities if both of the following requirements are met:
(a) The authority imposes similar requirements in connection with permits issued for similarly situated users of the ROW.
(b) The purpose of the bonds is 1 or more of the following:
(i) To provide for the removal of abandoned or improperly maintained small cell wireless facilities, including those that an authority determines should be removed to protect public health, safety, or welfare.
(ii) To repair the ROW as provided under section 13(10).
(iii) To recoup rates or fees that have not been paid by a wireless provider in more than 12 months, if the wireless provider has received 60-day advance notice from the authority of the noncompliance.
(2) An authority shall not require either of the following under subsection (1):
(a) A cash bond, unless any of the following apply:
(i) The wireless provider has failed to obtain or maintain a bond required under this section.
(ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider.
(b) A bond in an amount exceeding $1,000.00 per small cell wireless facility.
History: 2018, Act 365, Eff. Mar. 12, 2019
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