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)