§ 104-3. Definitions.  


Latest version.
  • For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given. Where 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. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined shall be construed to mean the common and ordinary meaning.

    Abandonment shall mean the permanent cessation of the use 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. By way of example, and not limitation, 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. It may also mean the discontinued use of obsolete technology in favor of new technology, which would require the removal of the discontinued, abandoned technology.

    Arterial roadway shall mean any street or roadway that constitutes the highest degree of mobility at the highest speed, for long, uninterrupted travel, and constitutes the largest proportion of total travel as per the Federal Functional Classification Map maintained by the State of Florida Department of Transportation District Six Office, as amended.

    City shall mean the City of Miami Beach, Florida.

    Collector roadway shall mean any street or roadway that provides a mix of mobility and land access functions, linking major land uses to each other or to the arterial highway system as per the Federal Functional Classification Map maintained by the State of Florida Department of Transportation District Six Office, as amended.

    Collocation shall mean the situation in which a communications services provider or a pass-through provider uses an existing structure to locate a second or subsequent antenna. The term includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antenna.

    Communications facility shall mean a facility that may be used to provide communications services, as per Florida Statutes § 337.401, as amended. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one communications facility.

    Communications facility provider shall mean 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, including, but not limited to, towers, poles, tower space, antennas, transmitters, and transmission line. Provisions of this article that apply only to communications facility providers shall not apply to communications service providers even if the communications service providers also operates, licenses, leases, subleases, or sublets communications facilities.

    Communications services shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals, including video services, 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, as per Florida Statutes § 202.11, as amended. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. The term does not include:

    (1)

    Information services.

    (2)

    Installation or maintenance of wiring or equipment on a customer's premises.

    (3)

    The sale or rental of tangible personal property.

    (4)

    The sale of advertising, including, but not limited to, directory advertising.

    (5)

    Bad check charges.

    (6)

    Late payment charges.

    (7)

    Billing and collection services.

    (8)

    Internet access service, electronic mail service, electronic bulletin board service, or similar on-line computer services.

    Communications services provider shall mean a person (other than a communications facility provider or a pass-through provider) as that term is used in Florida Statutes § 337.401, as amended.

    Communications services tax shall mean the local communications services tax authorized to be levied and collected by counties and municipalities, upon charges for communications services, pursuant to Florida Statutes § 202.20, as amended.

    Existing structure shall mean a structure that exists at the time an application for permission to place antennas on the structure is filed with the city. The term includes any structure that can structurally support the attachment of antennas in compliance with the applicable codes.

    FCC shall mean the Federal Communications Commission.

    In public rights-of-way or in the public rights-of-way shall mean in, on, over, under or across the public rights-of-way.

    Order, as used in the definition of "wireless provider", shall mean:

    (a)

    The following orders and rules of the FCC-issued in FCC Docket No. 94-102:

    (i)

    Order adopted on June 12, 1996, with an effective date of October 1, 1996, the amendments to § 20.03 and the creation of § 20.18 of Title 47 Code of Federal Regulations adopted by the FCC pursuant to such order.

    (ii)

    Memorandum and Order No. FCC 97-402, adopted December 23, 1998.

    (iii)

    Order No. FCC DA 98-2323, adopted November 13, 1998.

    (iv)

    Order No. FCC 98-345, adopted December 31, 1998.

    (b)

    Orders and rules subsequently adopted by the FCC relating to the provision of 911 services, including Order Number FCC-05-116, adopted May 19, 2005, and Order Number FCC-2014-0011, adopted November 4, 2014.

    Pass-through provider shall include any person (other than a communications services provider) who places or maintains a communications facility in the roads or rights-of-way of a municipality or county that levies a tax pursuant to Florida Statutes [Chapter] 202 and who does not remit taxes imposed by that municipality or county pursuant to Chapter 202 as per Florida Statutes § 337.401, as amended. A "pass-through provider" does not provide communications services to retail customers in the city. Provisions of this article shall not apply to communications services providers that provide the services identical or similar to those provided by pass-through providers.

    Permit shall include, but not be limited to, Miami Beach public right-of-way permits board or staff issued, design review approval and board or staff issued certificates of appropriateness.

    Person shall include any individual, 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.

    Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A person 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 person 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 shall mean a public right-of-way, highway, street, bridge, tunnel or alley for which the city is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public rights-of-way" shall not include private property or easements over 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.

    Registrant shall mean a communications services provider that has registered with the city in accordance with the provisions of section 104-4 of this article and holds an effective registration.

    Registration or register shall mean the process described in this article whereby a communications services provider, communications facility provider or pass-through provider provides certain information to the city.

    Repurposed structure shall mean an existing structure owned by the city that has been renovated, reconfigured, or replacer with a similar structure so as to continue serving its existing purpose while also supporting the attachment of communication facilities or antennas through stealth design that is approximately in the same location as the existing structure and in such manner that does not result in a net increase in the number of structures located within the public right-of-way, shall be installed near the outer boundaries of the public rights-of-way to the extent possible, and does not interfere with pedestrian or vehicular access, is Americans with Disability Act, Florida Building Code, and Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, as same may be amended from time to time, compliant. By way of illustration only, where a light pole existing within the public right-of-way is removed and is replaced with a new light pole that is substantially similar to the old light pole but now supports the attachment or integration of communication facilities, the new light pole shall be considered a "repurposed structure." Unless stated otherwise, all references to "communications facilities" or "wireless communications facilities" shall also apply to repurposed structures. To "repurpose an existing structure" shall mean the act of renovating, reconfiguring, or replacing an existing structure as described above. The provider that later removes a repurposed structure shall reinstall a new light pole, or other applicable pole in the ROW, at the direction of the city. During the life of the use of the repurposed structure, the provider shall pay all costs associated with electricity, light bulbs, maintenance, and replacement of the repurposed structure.

    Stealth design shall mean a method of camouflaging any tower, antenna or other telecommunications facility, including, but not limited to, supporting electrical or mechanical equipment, which is designed to enhance compatibility with adjacent land uses and be as visually unobtrusive as possible. Stealth design may include a repurposed structure.

    Tower shall mean any structure designed solely or primarily to support a communications services provider's antennas.

    Wireless communications facility shall mean equipment used to provide wireless service, as the phrase, "wireless communications facility" is further defined and limited in Florida Statutes § 365.172, as amended. A wireless communications facility is a type of communications facility.

    Wireless provider shall mean a person who provides wireless service as is either (a) subject to the provisions of the order or (b) elects to provide wireless 911 service or E911 service in Florida. A wireless provider is a type of communications services provider.

    Wireless service shall mean "commercial mobile radio service" as provided under §§ 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L No. 103-66, August 10, 1993, 107 Stat. 312, as per Florida Statutes § 365.17, as amended. The term includes service provided by any wireless real-time two-way wire communication device, including radio-telephone communications under in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include communications services providers that offer mainly dispatch service in a more localized, non-cellular configuration; providers offering only data, one-way, or stored-voice services on an interconnected basis; providers of air-to-ground services; or public coast stations.

(Ord. No. 2001-3306, § 1, 5-16-01; Ord. No. 2015-3924, § 1, 2-11-15)