Every communications services provider that desires to place or maintain a communications system or any communications facilities in the public rights-of-way, including any pass-through facilities, shall first register with the city in accordance with this § 101.04. Subject to the provisions prescribed in this chapter, a communications services provider that has properly registered may apply for development permits to place or maintain a communications system or facilities in the public rights-of-way.
(A) Every communications services provider that desires to place or maintain communications facilities in the public rights-of-way, including any pass-through facilities, shall register with the public works director or his designee's office and shall submit the following information and documentation:
(1) the name of the applicant under which it will transact business in the city and, if different, in the State of Florida; and
(2) the address and telephone number of the applicant's principal place of business in the State of Florida and any branch office located in the city or, if none, the name, address and telephone number of the applicant's national headquarters and its registered agent in Florida; and
(3) the name, address and telephone number of the applicant's primary contact person and the person to contact in case of an emergency; and
(4) the type of communications services that the applicant intends to provide within the corporate limits of the city (if more than one, state all that apply), or, if none, state that the applicant is a pass-through provider or is intending only to place and maintain pass through facilities, as the case may be; and
(5) for registrations submitted on or after October 1, 2017, a copy of both the applicant's resale certificate and certificate of registration issued by the Florida Department of Revenue to engage in the business of providing communications services in the State of Florida; and
(6) a copy of the applicant's certificate of authorization, public convenience and necessity or other similar certification issued by the Florida Public Service Council; and
(7) the number of the applicant's certificate of authorization or license to provide communications services issued by the Florida Public Service Council, the Department, the FCC, or other Federal authority, if any; and
(8) for an applicant that is a pass-through provider, in lieu of paragraphs (5), (6) and (7) above, the applicant shall provide a certified copy of the certificate or license issued by the Florida Department of State, or other appropriate state agency or department, authorizing the company to do business in the State of Florida; and
(9) evidence of the applicant's insurance coverage as required under this chapter.
(B) The city shall review the information submitted by the applicant. Such review shall be by the public works director or his or her designee. If it is found that the applicant complied with the requirements in § 101.04(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 applicant is not in compliance, the city shall notify the applicant in writing of the non-effectiveness and denial of registration and the reasons therefor. The city shall so reply to an applicant within thirty (30) days after receipt of the registration and required information from the applicant. Non-effectiveness and denial of registration shall not preclude an applicant from reapplying or filing subsequent applications for registration under the provisions of this section.
(C) An effective registration does not, and shall not be construed to, convey equitable or legal title in the public rights-of-way to any communications services provider. Registration under this ordinance governs only the placement or maintenance of a communications system or communications facilities in the 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 part of a communications system. Registration does not excuse a communications services provider from obtaining appropriate access or pole attachment agreements before locating its facilities on those facilities or property belonging to the city or another person. Registration does not excuse a communications services provider from complying with all other applicable city ordinances, codes or regulations, including the rules, regulations and general conditions set forth in this chapter.
(D) A communications services provider may cancel a registration upon written notice to the city stating that it will no longer place or maintain a communications system or any communications facilities in the public rights-of-way and will no longer have a need to apply for development permits to perform construction or other work in the public rights-of-way. A communications services provider cannot cancel a registration if it intends to continue placing or maintaining a communications system or any communications facilities in the public rights- of-way.
(E) Registration, in and of itself, does not establish a right to place or maintain or a priority for the placement or maintenance of a communications system or any facility in the public rights-of-way, but shall establish for the communications services provider a right to apply for a development permit from 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 on occupational license from the city in accordance with the City Code.
(F) A communications services provider shall renew its registration with the city by April 1 of even numbered years in accordance with the registration requirements in this chapter, except that any communications services provider that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew its registration until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (1), a communications services provider 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 development permits until the communications services provider has complied with the registration requirements of this chapter.
(G) In accordance with applicable city ordinances, codes or regulations, a development permit is required for a communications services provider to place or maintain a communications facility in the public rights-of-way. An effective registration shall be a condition of obtaining such a permit. Notwithstanding an effective registration, all permitting requirements shall apply, including the requirement to pay for any such permits unless otherwise provided by resolution or ordinance of the city. A permit may be obtained by or on behalf of the communications services provider having an effective registration if all permitting requirements of the city and other provisions of this chapter are met.
(H) 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.
(Ord. 2017-66, passed 10-3-17)