(A) The city hereby makes and declares the following findings and declares its legislative intent as follows:
(1) The public rights-of-way within the City of Palm Bay are a unique and physically limited resource and important amenity that are critical to the travel and transport of persons and property in the city.
(2) The demand for telecommunications services has grown exponentially in recent years, requiring the continual upgrading of telecommunications equipment and services to satisfy such demand.
(3) The placement of telecommunications equipment and facilities in the public rights-of-way to satisfy the demand for telecommunications services raises important issues with respect to the city's responsibility to manage its public rights-of-way.
(4) The public rights-of-way must be managed and controlled in a manner that enhances the health, safety and general welfare of the city and its citizens.
(5) The use and occupancy of the public rights-of-way by providers of communications services must be subject to regulation which can ensure minimal inconvenience to the public, coordinate users, maximize available space, reduce maintenance and costs to the public, and facilitate entry of an optimal number of providers of cable, telecommunications, and other services in the public interest.
(6) Fla. Stat. § 166.041 provides for procedures for adoption of an ordinance which is a regulation of general and permanent nature and enforceable as local law.
(7) Fla. Stat. § 337.401 provides that because federal and state law require the nondiscriminatory treatment of providers of telecommunications services and because of the desire to promote competition among providers of communications services, it is the intent of the Florida Legislature that municipalities and counties treat providers of communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the public roads or rights-of-way.
(8) The city finds that, to promote the public health, safety and general welfare, it is necessary to (i) provide for the placement or maintenance of communications facilities in the public rights-of-way within the city limits, (ii) adopt and administer reasonable rules, regulations and general conditions not inconsistent with applicable state and federal law, (iii) manage the placement and maintenance of communications facilities in the public rights-of-way by all communications services providers, (iv) minimize disruption to the public rights-of-way, and (v) require the restoration of the public rights-of-way to original condition.
(9) The city's intent is that these rules and regulations must be generally applicable to all providers of communications services and, notwithstanding any other law, may not require a provider of communications services to apply for or enter into an individual license, franchise, or other agreement with the city as a condition of placing or maintaining communications facilities in its roads or rights-of-way.
(10) It is also the city's intent to exercise the city's retained authority to regulate and manage the city's roads and rights-of-way in exercising its police power over communications services providers' placement and maintenance of facilities in the public rights-of-way in a non discriminatory and competitively neutral manner.
(B) This chapter shall apply to any public or private entity who seeks to construct, place, install, maintain or operate a communications system or facilities, as such terms are defined herein, in the public rights-of-way, unless otherwise exempt by operation of applicable state or federal law. This chapter shall equally apply to a city owned or controlled communications system except to the extent such facilities are utilized on an internal, non- commercial basis by the city or any of its agencies, departments or bureaus.
(Ord. 2017-66, passed 10-3-17)