(1) Pass-through providers shall pay to the city on an annual basis an amount equal to five hundred dollars ($500) per linear mile, or portion thereof, of communications facilities placed and/or maintained in the city's rights-of-way. For purposes of this section, the city's rights-of-way do not include rights-of-way that extend in or through the city, but are state, county or another authority’s roads or rights-of-way.
(2) The amounts charged pursuant to this section shall be based on the linear miles of rights-of- way where a wireless communications facility is placed, not based on a summation of the lengths of individual cables, conduits, strands or fibers. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one (1) communications facility for purposes of this subsection.
(3) Any annual amount charged shall be reduced for a prorated portion of any twelve (12) month period during which the pass-through provider remits taxes imposed by the city pursuant to F.S. Ch. 202.
(4) Fees for Non-collocated Communications Facilities.
(a) Fees for non-collocated communications facilities may be charged to any person not a dealer of communications services as defined by F.S. § 202.11.
(b) Annual payments shall be due and payable on April 1 of each year. Failure to timely pay the annual payment shall result in the immediate forfeiture of all rights to locate any wireless equipment in the city rights-of-way and all wireless equipment shall be removed within thirty (30) days at the wireless infrastructure provider’s expense. Fees not paid shall bear interest at the rate of one percent (1%) per month from the date due until the wireless equipment is removed. The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable. All fee payments shall be subject to audit by the city, and assessment or refund if any payment is found to be in error. If such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent (1%) per month until the date payment is made.
(5) Collocation Fees.
(a) The wireless infrastructure provider shall remit a one-hundred-fifty-dollar ($150.00) collocation fee per wireless facility to the city with the application to pay for the first year’s fee for collocating small wireless facilities on a city utility pole.
(b) The wireless infrastructure provider shall remit a one-hundred-fifty-dollar ($150.00) collocation fee per wireless facility to the city within thirty (30) days of the anniversary of the approval of the collocation. Failure to timely pay the collocation fee shall result in the immediate forfeiture of all rights to collocate on the city utility pole, and any wireless equipment collocated on the utility pole shall be removed within thirty (30) days at the wireless provider's expense.
(6) Fees for City Connections. The city reserves the right to assess pole connection fees or other fees for the use of city employees and contractors, as well as fees for access to any fiber network the city may construct.
(7) Permit Fees. The wireless infrastructure provider shall remit with its application all appropriate fees as provided herein, and as consistent with F.S. § 337.401(7), as may be amended from time to time.
(8) If the payments required by this section are not timely made by the due date, the city may withhold the issuance of any permits, including for other wireless facilities, to the registrant until the amount past due is paid in full.
(Ord. No. 18-005, § 2, 5-1-18)