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GENERAL
It is the intent of the city to promote the public health, safety, aesthetics, and general welfare of the city by providing for the placement or maintenance of communications facilities and personal wireless service facilities in the public rights- of-way within city; adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including F.S. § 337.401, as it may be amended, city's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities and personal wireless service facilities in the public rights-of-way by all communications services providers; and minimizing disruption to the public rights-of-way.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. “And” and “or” may be read conjunctively or disjunctively. The words “shall” and “will” are mandatory, and “may” is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be given the meaning set forth in Title 47 of the United States Code (the “Communications Act”), as amended, and if not defined in the Communications Act, as defined in Florida Statutes, and if not defined in Florida Statutes, as defined in the City Code, and if not defined in the City Code, shall be construed to mean and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.
ABANDONMENT. The permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. For example, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be ABANDONMENT of a facility in public rights-of-way.
CITY. The City of Pembroke Pines, Florida.
COMMUNICATIONS FACILITY or FACILITY or SYSTEM. Any permanent or temporary plant, equipment or property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services.
COMMUNICATIONS FACILITY PROVIDER. A person (other than a communications services provider) operating one or more communications facilities located within the city, who is engaged, directly or indirectly, in the business of leasing, licensing, subleasing, subletting or hiring to one or more communications service providers all or a portion of the tangible personal property used in a communications facility. A pass-through provider may be a COMMUNICATIONS FACILITY PROVIDER.
COMMUNICATIONS SERVICES. The transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance, and as defined in F.S. § 202.11. Communications to remotely facilitate, monitor, or control the distribution or transmission of electricity by an electric utility are also not included in the definition of COMMUNICATIONS SERVICES.
FCC. The Federal Communications Commission.
IN PUBLIC RIGHTS-OF-WAY or IN THE PUBLIC RIGHTS-OF-WAY. In, on, over, under or across the public rights-of-way.
ORDINANCE. This ordinance and the provisions of this chapter.
PASS-THROUGH PROVIDER. Has the meaning provided in F.S. § 337.401(6).
PERSON. Any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the city to the extent the city acts as a communications services provider.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, and shall include “wireless service” as defined in F.S. § 365.172, as well as “personal wireless services” defined in 47 U.S.C. § 332(c)(7)(C)(i), as they may be amended from time to time. Notwithstanding the foregoing, for purposes of this chapter, “video service,” as defined in F.S. § 202.11, as it may be amended, is not included in the definition of PERSONAL WIRELESS SERVICES. PERSONAL WIRELESS SERVICES shall not include any form of surveillance by photography, wireless communication, or other form of transmission.
PERSONAL WIRELESS SERVICE FACILITIES. Facilities for the provision of personal wireless services and, for the purposes of this chapter, shall include all of those “wireless communication facilities” as defined in F.S. § 365.172, as it may be amended, that are not also telecommunications towers as defined by Chapter 155 of the city’s Code of Ordinances. Facilities used for communications to remotely facilitate, monitor, or control the distribution or transmission of electricity on electric infrastructure are not included in the definition of PERSONAL WIRELESS SERVICE FACILITIES. PERSONAL WIRELESS SERVICE FACILITIES shall not be used to provide for any form of surveillance or photography through wireless communication or other form of transmission.
PLACE OR MAINTAIN or PLACEMENT OR MAINTENANCE or PLACING OR MAINTAINING. To erect, construct, install, maintain, grade, excavate, place, repair, extend, replace, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is PLACING OR MAINTAINING the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not PLACING OR MAINTAINING the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute PLACING OR MAINTAINING facilities in the public rights-of-way.
PUBLIC RIGHTS-OF-WAY. A public right- of-way, public utility easement, public highway, street, lane, bridge, sidewalk, road, waterway, tunnel, alley, or similar property for which the city is the authority that has jurisdiction and control and
may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the city holds a property interest therein.
PUBLIC RIGHTS-OF-WAY shall not include private property. PUBLIC RIGHTS-OF-WAY shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. No reference herein, or in any permit, to public rights-of-way shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a registrant shall be deemed to gain only those rights to use as are properly in the city and as the city may have the undisputed right and power to give.
REGISTRANT. A communications services provider or other person that has registered with the city in accordance with the provisions of this chapter.
REGISTRATION or REGISTER. The process described in this chapter whereby a communications services provider provides certain information to the city.
STEALTH FACILITY. Any communications facility which is designed to blend into the surrounding environment. Examples of STEALTH FACILITIES include architecturally screened roof- mounted antennas, antennas integrated into architectural elements, poles in the rights-of-way that are designed to look like light poles, and wireless designed to look like light poles, power poles, or trees.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
ADMINISTRATION
(A) A communications services provider, communications facility provider, or pass-through provider that desires to place or maintain a communications facility in public rights-of-way in the city shall first register with the city in accordance with this section. Subject to the terms and conditions prescribed in this section, a registrant may place or maintain a communications facility in public rights-of-way.
(B) A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this section governs only the placement or maintenance of communications facilities in public rights-of- way. Registration does not excuse a communications services provider, communications facility provider, or pass-through provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city’s or another person’s facilities. Registration does not excuse a communications services provider, communications facility provider, or pass-through provider from complying with all applicable city ordinances, codes or regulations, including this chapter.
(C) Each communications services provider that desires to place or maintain a communications facility in public rights-of-way in the city shall file a single registration with the city which shall include the following information:
(1) Name of the applicant;
(2) Name, address and telephone number of the applicant's primary contact person in connection with the registration and the person to contact in case of an emergency;
(3) Evidence of the insurance coverage required under § 121.25 of this chapter and acknowledgment that registrant has received and reviewed a copy of this chapter;
(4) A copy of the applicant’s certificate of authorization or local business tax receipt to provide communications services issued by the Florida Public Service Commission, the Federal Communications Commission, or other federal or state authority, if any;
(5) For an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, including the number of the certificate of incorporation; and
(D) The City Manager, or his, or her designee shall review the information submitted by the applicant. If the applicant submits information in accordance with division (C) 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 (C) 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.
(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 shall not in itself establish any 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's ordinances, as well as any state or federal laws that may be enacted.
(G) A registrant 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 a registrant 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 until the next even numbered year. Within 30 days of any change in the information required to be submitted pursuant to division (C), 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 section.
(H) In accordance with applicable city ordinances, codes or regulations and this chapter, a permit shall be required of a communications services provider, communications facility provider, or pass-through provider that desires to place or maintain a communications facility in public rights-of-way. An effective registration shall be a condition precedent to obtaining a permit. Notwithstanding an effective registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met.
(I) A registrant that places or maintains communications facilities in the public rights-of-way and that pays communications services taxes shall not be required to pay a permit fee since the city has elected to collect the communications services tax pursuant to F.S. Ch. 202, as may be amended from time to time. A pass-through provider that places or maintains a communications facility in the city’s roads or rights-of-way shall pay the city an annual amount not to exceed $500 per linear mile or portion thereof. The city’s roads or rights-of-way do not include roads or rights-of-way that extend in or through the municipality but are state, county, or another authority’s roads or rights-of-way.
(Ord. 1380, passed 9-5-01; Am. Ord. 1576, passed 4-18-07; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
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