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CITY OF
=~@ MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Metro Act permit extension, KEPS
Technologies
Submitted by: Joel Brookens, Engineer, Dan Department: DPW- Engineering
VanderHeide, Public Works Director, Ann Meisch,
City Clerk
Brief Summary:
Staff requests approval of the included five-year Metro Act permit extension requested by KEPS
Technologies Inc, dba ACD.net.
Detailed Summary & Background:
KEPS Technologies, Inc doa ACD.net currently holds a Metro Act permit with the City of Muskegon.
That agreement expired on 2/10/2025. ACD.net has requested a five year extension, to the date of
2/10/2030.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action ltem:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies
Amount Requested: Budgeted Item:
na Yes No N/A | x
Fund(s) or Account(s): Budget Amendment Needed:
na Yes No N/A | x
Recommended Motion:
| move to approve the included five-year Metro Act permit extension requested by KEPS
Technologies Inc, doa ACD.net and authorize the DPW Director to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
METRO Act Permit Application Form
Revised April 6, 2012
City of Muskegon
Name of Local Unit of Government
APPLICATION FOR .
ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY
TELECOMMUNICATIONS PROVIDERS
UNDER
METROPOLITAN EXTENSION TELECOMMUNICATIONS
RIGHTS-OF-WAY OVERSIGHT ACT .
2002 PA 48
MCL SECTIONS 484.3101 TO 484.3120
BY
KEPS Technologies, Inc. dba ACD.net and ACD Telecom, Inc.
(“APPLICANT”)
OA ance: Municipalities unfamiliar with Michigan
Metropolitan Extension Telecommunications Rights-of-Way Oversight Act “(METRO Act”)
permits for telecommunications providers should seek assistance, such as by contacting the
Telecommunications Division of the Michigan Public Service Commission at 517-241-6200 or
via its web site at http:/Awww.michigan.gov/mpse/0,4639,7-159-16372_22707---,00.html.
45 Days to Act—Kines for Failure to Act: The METRO Act states that “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." MCL 484.3115(3). The Michigan
Public Service Commission can impose fines of up to $40,000 per day for violations of the
METRO Act. It has imposed fines under the Michigan Telecommunications Act where it found
providers or municipalities violated the statute.
Where
to File: Applicants should file copies as follows [municipalities should adapt as
appropriate—unless otherwise specified service should be as follows]:
-- Three (3) copies (one of which shall be marked and designated as the master copy)
with the City Manager, City of Muskegon, 933 Terrace St, Muskegon, MI 49440
City of Muskegon
Name of local unit of government
APPLICATION FOR
ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY.
TELECOMMUNICATIONS PROVIDERS
By
KEPS Technologies, Inc. dba ACD.net and ACD Telecom, Inc.
(“APPLICANT”) :
This is an application pursuant to Sections 5 and 6 of the Metropolitan
Extension Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the _
"METRO Act") for access to and ongoing usage of the public right-of-way,
including public roadways, highways, streets, alleys, easements, and waterways~
(“Public Ways”) in the Municipality for a telecommunications system....The-—-—--— ~~ 2+
METRO Act states that “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." MCL 484,.3113(3).
This application must be accompanied by a one-time application fee of $500,
unless the applicant is exempt from this requirement under Section 5(3) of the
METRO Act, MCL 484.3105(3).
1 GENERALINFORMATION:
1.1 Date:
1/14/2015
1.2 Applicant’s legal name:_KEPS Technologies, Inc.
Mailing Address: ACD.net
1800 N. Grand River Ave.
Lansing, MI 48906
Telephone Number: _ (517) 999-3213
Fax Number: (517) 999-3993
Corporate website: _http://www.acd.net/
Name and title of Applicant’s local manager (and if different)
regarding this application: ) —_
Phil Brown, OSP Engineer
Mailing Address: ACD. net
1800 N. Grand River Ave.
Lansing, MI 48906
Telephone Number:_(517) 999-3213
Fax Number: (517)999-3993
E-mail Address: brown.phil@acd.net
1.3 Type of Entity: (Check one of the following)
x Corporation
General Partnership
||
LT
Limited Partnership
Limited Liability Company
Individual
Other, please describe:
1.4 Assumed name for doing business, if any: ACD.net and ACD Telecom, Inc
1.5 Description of Entity: Competitive Local Exchange Carrier
1.5.1 Jurisdiction of incorporation/formation; Michigan
1.5.2 Date of incorporation/formation; 1987
1.5.3 Ifasubsidiary, name of ultimate parent company;
1.5.4 Chairperson, President/CEO, Secretary and Treasurer (and equivalent
officials for non-corporate entities).
CEO Kevin Schoen
President Steve Schoen
CFO Kirk Shewchuck
1.6 Attach copies of Applicant’s most recent annual report (with state ID number)
filed with the Michigan Department of Licensing and Regulatory Affairs and certificate of good
standing with the State of Michigan. For entities in existence for less than one year and for non-.
corporate entities, provide equivalent information.
(See Exhibit E & F)
1.7. Is Applicant aware of any present or potential conflicts of interest between
Applicant and Municipality? If yes, describe: NO
1.8 In the past three (3) years, has Applicant had a permit to install
telecommunications facilities in the public tight of way revoked by any Michigan municipality?
Circle: Yes
If "yes," please describe the circumstances.
1.9 In the past three (3) years, has an adverse finding been made or an adverse final
action been taken by any Michigan court or administrative body against Applicant under any law
or regulation related to the following:
1.9.1 A felony;
1.9.2 A revocation or suspension of any authorization (including cable franchises) to
provide telecommunications or video programming services?
Circle: Yes
If "yes," please attach a full description of the parties and matters involved, including an
identification of the court or administrative body and any proceedings (by dates and file
numbers, if applicable), and the disposition of such proceedings.
1.10 [If Applicant has been granted and currently holds a license to provide basic local
exchange service, no financial information needs to be supplied.] If publicly held, provide
Applicant’s most recent financial statements. If financial statements of a parent company of
Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please
explain.
1.10.1 If privately held, and if Municipality requests the information within 10
days of the date of this Application, the Applicant and the Municipality should make
arrangements for the Municipality to review the financial statements.
If no financial statements are provided, please explain and provide particulars.
Per Section 1.9 KEPS Technologies Inc. dba ACD. net and ACD Telecom, Inc. currently holds a Local Exchange
License as a Competitive Local Exchange Carrier.
2 DESCRIPTION OF PROJECT:
2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide
telecommunications services in Municipality. If no authorizations are applicable, please explain.
KEPS currently holds a CELC License (See Exhibit G)
2.2 Describe in plain English how Municipality should describe to the public the
telecommunications services to be provided by Applicant and the telecommunications facilities
to be installed by Applicant in the Public Ways.
ACD.net is installing fiber optic cable to provide high speed communications and/or Distributed Antenna
Systems
2.3. Attach route maps showing the location (including whether overhead or
underground) of Applicant’s existing and proposed facilities in the public right-of-way. To the
extent known, please identify the side of the street on which the facilities will be located. (If
construction approval is sought at this time, provide enginecring drawings, if available, showing
location and depth, if applicable, of facilities to be installed in the public right-of-way).
(Attached as Exhibit C)
2.4 Please provide an anticipated or actual construction schedule.
(Attached as Exhibit B)
2.5 Please list all organizations and entities which will have any ownership interest in
the facilities proposed to be installed in the Public Ways.
KEPS Technologies Inc. dba ACD.net and ACD Telecom, Inc.
2.6 Who will be responsible for maintaining the facilities Applicant places in the
Public Ways and how are they to be promptly contacted? If Applicant’s facilities are to be
installed on or in existing facilities in the Public Ways of existing public utilities or incumbent
telecommunications providers, describe the facilities to be used, and provide verification of their
consent to such usage by Applicant. KEPS Technologies Inc. dba ACD.net and ACD Telecom,
Inc.
3 TELECOMMUNICATION PROVIDER ADMINISTRATIVE
MATTERS:
Please provide the following or attach an appropriate exhibit.
3.1 Address of Applicant’s nearest local office,
(See Exhibit A section 3.1)
3.2 Location of all records and engineering drawings, if not at local office;
(See Exhibit A section 3.3.1) .. vos ,
3.3 Names, titles, addresses, e-mail addresses and telephone numbers of contact
person(s) for Applicant’s engineer or engineers and their responsibilities for the
telecommunications system;
(See Exhibit A section 3.3.3)
3.4 Provide evidence of self-insurance or a certificate of insurance showing
Applicant’s insurance coverage, carrier and limits of liability for the following:
(See Exhibit D)
3.4.1 Worker’s compensation;
3.4.2 Commercial general liability, including at least:
3.4.2.1 | Combined overall limits;
3.4.2.2 Combined single limit for each occurrence of bodily injury;
3.4.2.3 Personal injury;
3.4.2.4 Property damage;
3.4.2.5 Blanket contractual liability for written contracts, products, and
completed operations;
3.4.2.6 Independent contractor liability;
3.4.2.7 For any non-aerial installations, coverage for property damage
from perils of explosives, collapse, or damage to underground utilities (known as
XCU coverage);
3.4.2.8 Environmental contamination;
3.4.3 Automobile liability covering all owned, hired, and non-owned vehicles
used by Applicant, its employee, or agents.
5
3.5 Names of all anticipated contractors and subcontractors involved in the
construction, maintenance and operation of Applicant’s facilities in the Public Ways.
RC Directional Boring
Contact Person: Ron Musial Jr.
Phone Number: (517) 545-4887
Fax Number: (517) 545-0518
Cell Number: (517) 404-7707
Address: 2000 Country Farm Rd.
Howell, MI. 48843
4 CERTIFICATION:
All the statements made in the application and attached exhibits are true and correct to
the best of my knowledge and belief.
KEPS Technologies Inc. dba ACD. net and ACD Telecom, Inc
1/14/2015 py: nM!
Date Print name: Kirk Shewchuck
Title: CFO
S:\metroapplicationform.doc
KEPS Technology Contact Exhibit A
Section 3.1
KEPS Technology dba ACD.net and ACD Telecom, Inc. Michigan 1800 N. Grand River Avenue Lansing Ml
48906
Section 3.3.1 Permittee’s contact person
Phil Brown, 1800 N. Grand River Avenue, Lansing, Michigan 48906. Phone: (517)999-3213 Fax:
(517)999-3993 Email: brown.phil@acd.net
Section 3.3.1 Engineering drawings, and As-built plans and related records
OSP Engineer Phil Brown
1800 N. Grand River Avenue Lansing Michigan 48906
Phone: (517)999-3213
Fax: (517)999-3993
Email: brown.phil@acd.net
Section 3.3.3 Engineering Contact
Russell Allswede, 1800 N. Grand River Avenue, Lansing, Michigan 48906. Phone: (517)899-5609 Fax:
(517)999-3993 Email: Allswede. Russell@acd.net
Section 3.3.4 Construction & Engineering Contact Person
Russell Allswede Directory of Operations
1800 N. Grand River Avenue Lansing Michigan 48906
Phone: (517)899-5609
Fax: (517)999-3993
Email: Allswede. Russell@acd.net
Section 3.1.5 Emergency contact number with 24 hour availability
(517)999-9999 option #1
Exhibit B
The anticipated construction schedule for this will be set for February 3, 2015 through March 17, 2045.
This date varies considering and contingent upon many variables such as approval of pole attachment
permits, Make Ready adjustments, MDOT permitting, and other required County; Township; or City
permitting, as well as weather.
Muskegon County
Route Description
Scope of work:
ACD proposes to place fiber optic cable within the Road Right-of-Way of Muskegon
County for the purpose of enhancing and expanding our fiber network.
ACD proposes to attach supporting strand, fiber optic cable and associated hardware to
existing utility poles located in the Road Right-of-Way. ACD will abide by all NESC rules and
regulations.
ACD proposes to directionally bore within the Road Right-of-Way for the placement of
1-1/4" DR-11 HDPE conduit containing one fiber optic cable. Minimum depth will be 48". ACD
will notify Miss Dig prior to the commencement of any work.
Location of Work:
Aerial cable will be placed on existing utility poles and within the Road Right-of-Way of
the streets listed below:
E, Laketon Ave. between Harvey St. & S. Getty St.
See Maps- 16-627-7975, 16-626-7975, 16-625-7975
Underground cable will be placed within the Road Right-of-Way of the streets listed
below:
E, Laketon Ave. & across Harvey St.
See Maps- 16-627-7975
A Grade Level hand hole with dimensions of 24" x 36" x 24" will be placed near the
intersection of:
E. Laketon Ave. & Harvey St.
OP ID: AM
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ACORD’ CERTIFICATE OF LIABILITY INSURANC E pareamon
UPON THE CERTIFICATE HOLDER. THIS
THIS CERTIFICATE !S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
CERTIFICAT E DOES NOT AFFIRMATIV ELY OR NEGATIVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION IS WAIVED, subject to
on this certificate does not confer rights to the
the terms and conditions of the policy, certain policies may require an endorsement. A statement
CONTACT Angela Maldonado
certificate holder in lieu of such endorsement(s).
tyma n& Sheets
2213 East Grand River PHONE 517-482-2211 [FAX oy, 517-371-4881
P.O, Box 15127 EMAIL... angelam@lymansheets.com «= == !-8800 ves se
Lansing, MI 48901
Michael G. Sheets BUSTOMER 1p x: ACDNE-1
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED ACD.Net insuRER A: Federal Insurance Co. 20284
Keb S Tecimatogies Inc insuRER B: The Accident Fund | jrotes
River Avenue
4800 N. Grand48906-390 Insurance Compan
insurer¢ : Auto-Ownersr Surplus y__ 18988 |
Lansing, MI 5 INSURERp ; Westcheste Lines. Ins." oe AAOVEZ oo
INSURER E:
INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE.FOR-THE.POLICY .PERIOD..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED THIS
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTERMS,
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Ne TYPE OF INSURANCE en la POLICY NUMBER (Hg BRY TY) {CARIDDIYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A |X | commeRrciat GENERAL LIABILITY 36000815 02/20/2014 | 02/20/2015 | Pra e Ree rencey ($1,000,000)
__| ctams-mane OCCUR MED EXP (Any one person) | $ 10,000
PERSONAL & ADV INJURY | $ 1,000,000
|__| GENERAL AGGREGATE $ 2,000,000
— PRODUCTS - COMPIOP AGG | $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: $
| poucy | X | SES [ |toc |, 4,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE Limit
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A ||“... 73683522 02/20/2014 | 02/20/2015 BODILY INJURY (Per person) | $
|__| ALL OWNED AUTOS BODILY INJURY (Per accident) | $
PROPERTY DAMAGE ;
|__| SCHEDULED AUTOS
A | X | wirep Autos 73583522 02/20/2014 | 02/20/2015 | (PER ACCIDENT)
73583522 02/20/2014 | 02/20/2015 $
A | X | Non-ownen autos $
|X| UMBRELLALIAB | X | occur EACH OCCURRENCE $ 10,000,000
c EXCESS LIAB
CLAIMS-MADE
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4984742700 02/20/2014 | 02/20/2015 |AGGREGATE $$ 10,000,000
DEDUCTIBLE
X RETENTION $
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WORKERS COMPENSATION
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B | ANY PROPRIETOR/PARTNERJEXECUTIVE WCV6097262 01/01/2015 | 01/01/2016 | EL. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
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E.L. DISEASE - EA EMPLOYEE| $ 500,000
DESGRIPTION OF OPERATIONS below
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If yes, describe E,L, DISEASE - POLICY LIMIT | $ 500,000
D |Contractors Pollut G27442420 001 04/15/2014 | 04/15/2015 |Pollution 500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 104, Additlonal Remarks Schedule, If more space ts required)
GANCELLATION
CERTIFICATE HOLDER
EVIDENC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Evidence of Coverage
AUTHORIZED REPRESENTATIVE
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© 1988-2009 ACORD CORPORATION: All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
De Pe GO poe,Y
ee
“xhibit E
—r
Lansing, Michigan
This is to Certify That
KEPS TECHNOLOGIES, INC.
was validly incorporated on February 14, 1991, as a Michigan profit corporation, and said corporation
is validly in existence under the laws of this state.
This certificate is issued pursuant to the provisions of 1972 PA 284, as amended, to attest to the fact that the
corporation is in good standing in Michigan as of this date and is duly authorized to transact business
and for no other purpose.
This certificate is in due form, made by me as the proper officer, and is entitled to have full faith and credit
given it in every court and office within the United States.
In testimony whereof, | have hereunto set my
hand, in the City of Lansing, this 6th day
of February, 2014.
. y
Sent by Facsimile Transmission
537475 Alan J. Schefke, Director
Corporations, Securities & Commercial Licensing Bureau
Vers 3.2 (03/08) DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU
PROFIT CORPORATION INFORMATION UPDATE
2013
On behalf of the Corporation, | certify that no changes have occurred in required information since
the tast filed annual report.
Identification t tumber Corporation Name
537475 KEPS TECHNOLOGIES, INC.
Resident ager t name and mailing address of the registered office
STEVEN E, SCHOEN
Mil
The address of the registered office
1900 NCRTH GRAND RIVER AVE
LANSING Mi 48906
Describe the ourpose and activilles of the corporation during the year covered by this report:
Electronic Signature
Filed By Title Phone
STEVE SCHOEN AUTHORIZED OFFICER OR AGENT
1 certify that this filing is submitted without fraudulent intent and that | am authorized by the
to make any changes reported herein.
butiness entity
Payment Information
Payment Amount Payment Date/Time Reference Nbr
$25 03/29/2013 14:50:34 71315 6801 537475 2013
exhibit F
State of Michigan Public Service Commission
John Engler, Governor
6545 Mercantile Way
Department of Consumer & Industry Services P.O. Box 30224
Kathleen M. Wilbur, Director Lansing, MI 48909-7721
Telephone: 517-241-6180
Web Slite:.cis.state.mi.us/mpsc
Commissioners
Laura Chappelle
David A. Svanda
Robert B. Nelson
Basic Local Exchange Service License
|, Dorothy Wideman, Executive Secretary, Michigan Public Service Commission, |
" certify that on January 19, 2000, in Case No. U-12180, the Michigan Public Service
Commission granted ACD Telecom, Inc. a permanent license to render basic local exchange
service within a specific geographic area, in accordance with the requirements of the
Michigan Telecommunications Act, 1991 PA 179 as amended, MCL 484.2101 et seq., and
all requirements established by laws, orders, and regulations of the Commission.
| further certify that on December 3, 2001, Commission staff officially approved the
tariffs filed by ACD Telecom, Inc. as a precondition to commencing basic local exchange
service in the state of Michigan.
This license cannot be sold or otherwise transferred without prior approval from the
Michigan Public Service Commission. ACD Telecom, Inc. may not discontinue basic local
exchange service without first complying with the requirements of Section 313 of the
Michigan Telecommunications Act, MCL 484.2313.
—_--Borothy Wideman
Executive Secretary
Exhibit G
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A vanced ommunications & Data
2/18/2025
City of Muskegon
933 Terrace Street
Muskegon, Michigan, 49440
METRO ACT RIGHT OF WAY PERMIT EXTENSION
Dear Jonathan Seyferth, City Manager:
At this time, KEPS Technologies, Inc. dba ACD.net would like to extend the existing METRO Act
we have with your municipality. Our current agreement expires on 2/10/2025. We would like
to extend that to 2/10/2030.
lf you are in agreement with this extension, please sign this agreement on the lines provided
below and return within 30 days to KEPS Technologies, inc. dba ACD.net at the address listed on
the letterhead or emailed to osp@acd.net.
Additional information regarding this renewal request and other METRO Act information, may
be found at http://www.michigan.gov/mpsc/.
if you have any questions, please contact the Permitting Department at 517-999-9999 or at
OSP@acd.net.
Thank you for your time and cooperation in this matter that both benefits you and your
constituents.
Agreed to on behalf of KEPS Technologies, Inc. dba ACD.net
City of Muskegon acknowledges receipt of this Permit
Extension granted by
Name:Dan VanderHeide Name: steve choen
Signature:< 4“ oa ed —
NC
Signature:
;
Wwe ;
Its: Director of Public Works Its: Vice President
Date; March 17, 2025 Date: 2/18/2025
KEPS Technologies, Inc. d/b/a ACD.net 517.999.9999
1800 N. Grand River Ave.
Lansing, Ml 48906
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