§ 104-4. Registration for placing or maintaining communications facilities in public rights-of-way.

Registration application and all information require therein, shall be included in any Design Review Board or Historic Preservation Board application, as required under sections 104-6, 118-251, or 118-564, of the city's Land Development Regulations.

(a)

A communications services 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 article. This chapter provides no right of access to the public rights-of-way for (i) persons other than communications service providers or (ii) businesses other than providing communications services. Other uses of the public rights-of-way reasonably related to the provision of communications services may be allowed in the reasonable discretion of the city. Subject to the terms and conditions prescribed in this article, 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. Tangible personal property placed in the public rights-of-way pursuant to this article shall retain its character as tangible personal property and shall not be regarded as real property, fixtures or mixed property. Registration under this article governs only the placement or maintenance of communications facilities in 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 communications facilities. Registration does not excuse a registrant 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 registrant from complying with all applicable city ordinances, codes or regulations, including this article.

(c)

Each communications services provider that desires to place or maintain a communications facility, including without limitation a collocation, 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 this article and acknowledgment that registrant has received and reviewed a copy of this article, which acknowledgment shall not be deemed an agreement; and

(4)

The number of the applicant's certificate of authorization or license to provide communications services issued by the Florida Public Service Commission or the Federal Communications Commission. An applicant proposing to place or maintain a wireless communications facility operating on spectrum licensed by the FCC shall supply the file number of the FCC license authorizing such wireless service.

(d)

Registration application fees: no registration application fees shall be imposed for registration under this article.

(e)

The city shall review the information submitted by the applicant. Such review shall be by the city manager or his or her designee. If the applicant submits information in accordance with subsection (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 subsection (c) above, the city shall notify the applicant of the noneffectiveness of registration, and reasons for the noneffectiveness, in writing. The city shall so reply to an applicant within 30 days after receipt of registration information from the applicant. Noneffectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section. An applicant has 30 days after receipt of a notice of noneffectiveness of registration to appeal the decision as provided in section 104-8 hereof.

(f)

A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any communications facilities, including without limitation collocations, 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.

(g)

Registration does not in and of itself establish a 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. Registrations are expressly subject to any future amendment to or replacement of this article and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted from time to time.

(h)

Registrant shall renew its registration with the city, annually, by the anniversary of the date of initial registration. Each renewal shall include an inventory of the communications facilities, poles, towers, underground lines and equipment cabinets registrant installed in public rights-of-way in the city during the last term of the registration and an inventory of the wireless communications facilities, poles, towers, and equipment cabinets registrant abandoned in the public rights-of-way in the city during the last term of the registration. Within 30 days of any change in the information required to be submitted pursuant to subsection (c) hereof, a registrant shall provide updated information to the city. Failure to renew a registration may result in the city restricting the issuance of additional permits until the lapsed registrant has complied with the registration requirements of this article.

(i)

In accordance with applicable city ordinances, codes or regulations, a permit is required of a registrant that desires to place or maintain a communications facility, including, without limitation, a collocation, in public rights-of-way. An effective registration shall be a condition precedent to obtaining a historic preservation or design review board approval or a right-of-way permit. Notwithstanding an effective registration, all permitting requirements of the city shall apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met.

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