(A) It is the intent of the city to promote the public health, safety and general welfare by providing for the placement and maintenance of communications facilities in the public rights-of-way within the city; adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including the United States and Florida Constitutions, F.S. § 337.401, as it may be amended, the city's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996, the Spectrum Act of 2012, FCC regulations, and other federal and state law; establishing reasonable rules and regulations necessary to manage the placement and maintenance of communications facilities in the public rights-of-way by all communications services providers after the effective date of this section; and minimizing disruption to the public rights-of-way. In regulating its public rights-of-way, the city shall be governed by and shall comply with all applicable federal and state laws.
(B) Applicability.
(1) Chapter 55, Part II shall apply to all facilities for communications services placed or maintained in the city public rights-of-way pursuant to F.S. § 337.401, including but not limited to any person holding a certificate of franchise authority pursuant to F.S. § 610.103, communications services providers, pass-through providers, and wireless providers. To the extent not prohibited by applicable law, this chapter shall apply to all applications pending at the time of adoption of this chapter, and as it may be amended, to place or maintain communications facilities in the public rights-of-way. Persons seeking to place or maintain communications facilities on private property or other property to which the city, any municipality, Broward County, Broward County School Board, State of Florida, or federal government has a fee-simple or leasehold interest in real property, not within and exclusive of the public rights-of-way, located within the jurisdictional boundaries of the city, shall comply with the applicable provisions of the city's Zoning and Land Development Regulations, to the extent they apply, unless such property is addressed expressly in this chapter. This chapter is not applicable to communication facilities outside the public rights-of-way, unless addressed expressly herein. Pursuant to this chapter, a person may be authorized to place or to maintain communications facilities, including but not limited to small wireless facilities, micro wireless facilities, utility poles for collocation of small wireless facilities, fiber, coaxial cable, and backhaul facilities in the city public rights-of-way. Wireless support structures, telecommunications towers and other wireless facilities, including but not limited to an antenna that is not part of a small wireless facility or micro wireless facility, shall not be allowed to be placed or maintained in the public rights-of-way, to the extent not inconsistent with applicable law. This chapter applies to the placement of conduit, fiber or cable for the purpose of providing backhaul or communications service. Consistent with F.S. § 337.401, this chapter applies to a cable or video service provider that has been issued and holds a certificate of franchise authority from the Florida Department of State pursuant to F.S. § 610.103 that places or maintains a cable system or wireline facilities in the city's public rights-of-way.
(2) Rules or regulations imposed by the city relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way shall be generally applicable to all providers of communications services, to the extent federal or Florida law does not require different treatment. Florida law requires that the city's rules and regulations take into account the distinct engineering, construction, operation, maintenance, public works, and safety requirements of the provider's facilities. Accordingly, in the exercise of the city's authority, as required by Florida law, this chapter provides different regulations applicable to various communications facilities.
(3) This chapter does not apply to electric utility poles for an electric distribution system located in the city public rights-of-way pursuant to a valid franchise agreement with the city. However, collocation of small wireless facilities on such utility poles and any utility poles in the public rights-of-way that are installed, altered or replaced to support the collocation of small wireless facilities will be governed by the applicable provisions of this chapter. Ordinances approving a franchise agreement and a valid franchise agreement with an electric utility shall remain in full force and effect, notwithstanding any provision of this chapter. In addition, this Chapter 55, Part II does not apply to the use of the public rights-of-way by public utilities, addressed in Chapter 53, or in Chapter 55, Part I, of the Code of Ordinances. To the extent of any conflict between this Chapter 55, Part II and the provisions of Chapter 53 or Chapter 55, Part I, with respect to communications facilities, this Chapter 55, Part II shall control. This chapter shall not app\y to communications facilities owned by the city or to communications facilities owned by a person, including an electric cooperative, to the extent such facilities are utilized solely on an internal, noncommercial basis by said person.
(C) This chapter implements inter alia, F.S. § 337.401, as amended, including the Advanced Wireless Infrastructure Deployment Act, F.S. § 337.401(7) ("Small Cell Statute"). By adopting this chapter, the city does not waive any rights including any rights that may exist under federal law, the Florida Constitution and the U.S. Constitution. In the event F.S. § 337.401 is repealed, amended, or overturned by a court of competent jurisdiction, or preempted by applicable federal law or regulation, in whole or in part, provisions of this chapter may no longer apply, in which case pending and future applications or requests for communications facilities in the public rights-of-way will be governed by applicable law. In addition, permits issued pursuant to this chapter may be suspended or revoked, and facilities installed pursuant to permits issued pursuant to this chapter or without permits as authorized by this chapter may be required to be removed at the facility owner's expense, to the extent consistent with applicable law. It is the city's intent not to create any vested rights in placing and maintaining communications facilities in the public rights-of-way as a result of this chapter or any permit issued pursuant to this chapter, to the extent not inconsistent with applicable law.
(D) To the extent any provision of this chapter conflicts with the City's Code of Ordinances or the Zoning and Land Use Regulations, this chapter shall control.
(E) This chapter shall be applicable to all communications facilities placed in the public rights-of-way on or after the effective date of this chapter, all pending applications for permits subject to this chapter, and all existing communications facilities placed in the public rights-of-way prior to the effective date of this chapter, to the full extent permitted by state and federal law. A person with existing communications facilities in the public rights-of-way shall comply with the registration, bond, and other applicable requirements of this chapter by the earlier of the following: 90 days from the effective date of this chapter or prior to submitting an application for a permit pursuant to this chapter. This provision is not intended to require the removal or alteration of existing communications facilities placed or maintained in the public rights-of-way pursuant to a previously issued permit or otherwise lawfully installed prior to the effective date of this chapter unless such facilities are abandoned or otherwise required to be altered or removed by the City Manager, or pursuant to enforcement of this chapter or applicable law.
(F) Reservation of rights. The city reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers.
(G) Authority to implement chapter. The City Manager is authorized to adopt, to modify, and to repeal rules and regulations, not inconsistent with this chapter, to carry out the intent and purposes of this chapter.
(Ord. O-2020-14, passed 10-7-20)