(A) Every communications services provider that desires to place or maintain a communications system or any communication facilities in the public rights-of-way, including pass-through facilities, shall first register with the city in accordance with this chapter. A single registration with the city shall include the following information:
(1) Name of the registrant under which it will transact business in the city and, if different, in the State of Florida;
(2) Name, address and telephone number of a contact person for the registrant;
(3) The number of the registrant's current certificate of authorization issued by the Florida Public Service Commission, the Federal Communications Commission, or the Department of State;
(4) A statement of whether the registrant is a pass-through provider as defined in F.S. § 337.401(6)(a)1;
(5) The registrant's federal employer identification number; and
(6) Any required proof of insurance or self-insurance adequate to defend and cover claims.
(B) The city shall review the information submitted by the applicant. Such review shall be by the City Manager or his or her designee. If the applicant submits information in accordance with division (A) above, the registration shall be effective and the city shall notify the applicant of the effectiveness of registration in writing. If the city determines that the information has not been submitted in accordance with division (A)(1) above, the city shall notify the applicant of the non-effectiveness of registration, and reasons for the non- effectiveness, in writing. The city shall so reply to an applicant within 30 days after receipt of registration information from the applicant. Non- effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section. An applicant has 30 days after receipt of a notice of non-effectiveness of registration to appeal the decision as provided in § 97.19.
(C) An effective registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter governs only the placement or maintenance of communications facilities in public rights-of-way. Other ordinances, codes or regulations may apply to the placement or maintenance in the public rights-of- way of facilities that are not communications facilities. Registration does not excuse a communications services provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city or another person's facilities. Registration does not excuse a communications services provider from complying with all applicable city ordinances, codes or regulations, including this chapter.
(D) Registration application fees. No registration application fees shall be imposed for registration under this chapter.
(E) A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any communications facilities in public rights-of-way within the city and will no longer need to obtain permits to perform work in public rights-of-way. A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of- way.
(F) Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a communications facility in public rights-of-way within the city but shall establish for the registrant a right to apply for a permit, if permitting is required by the city. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted. Registration does not excuse or exempt a communications services provider from having to obtain a local business tax receipt, if required, from the city in accordance with the City Code.
(G) A registrant shall renew its registration with the city no sooner than five years from the date registration is granted and every five years thereafter in accordance with the registration requirements in this chapter. Within 90 days of any change in the information required to be submitted pursuant to division (A), a registrant shall provide updated information to the city. If no information in the then-existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the city restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this chapter.
(H) In accordance with applicable city ordinances, codes or regulations, a communications rights-of-way permit shall be required of a communications services provider that desires to place or maintain a communications facility in public rights-of-way. An effective registration shall be a condition of obtaining such permit. Notwithstanding an effective registration, permitting requirements shall apply. Subject to the terms and conditions prescribed in this chapter, a registrant may apply for a permit to place or maintain a communications facility in public rights-of-way.
(I) A reseller, which by definition does not place or maintain communications facilities in the public rights-of-way, is not required to register with the city.
(J) Facilities outside of city public rights-of-way. To the extent not inconsistent with applicable law, registrants shall provide a copy to the City Manager of a request or application for a permit submitted to the Florida Department of Transportation or Seminole County, to place or to maintain a communications facility below grade, or to install a small wireless facility at grade or a new utility pole for collocation of a small wireless facility, in a location within the jurisdictional boundaries of the city. The intent of this provision is to provide the city with notice of construction of facilities that may impact city utilities or otherwise be subject to requirements of the City Code. This requirement does not apply to an application for a permit to collocate a small wireless facility on an existing utility pole. Failure to comply with this requirement may result in revocation of a registration, denial of permits including, but not limited to ancillary permits, or other enforcement remedies consistent with the City Code. Nothing herein shall restrict the city from enforcing its code with respect to facilities located outside of the city's public rights-of-way.
(Ord. 1625, passed 8-20-20)