(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)