§ 57.03. REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY.

(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 ordinance. Subject to the terms and conditions prescribed in this ordinance, 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 Chapter 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 Communications Services 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 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 this Chapter and acknowledgment that Registrant has received and reviewed a copy of this Chapter, 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, the Federal Communications Commission, or other Federal or State authority, if any;

(5)

Any contractor or other agent acting on behalf of an applicant must have a letter from said applicant describing the scope of the proposed "use" of City Rights-of-Way and specifying that said agent is authorized to act on the applicant's behalf, all "use" being subject to all terms of this Chapter;

(6)

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.

(D)

The City shall review the information submitted by the applicant. Such review shall be by the City Engineer or his or her designee. If the applicant submits information in accordance with Section 57.03(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 Section 57.03(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 thirty (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 fifteen (15) business days after receipt of a notice of noneffectiveness of registration to appeal the decision as provided in Section 57.07.

(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 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, 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 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 thirty (30) days of any change in the information required to be submitted pursuant to subsection 57.03(C), except, as of October 1, 2001, subsection 57.03(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 Chapter.

(H)

In accordance with applicable City ordinances, codes or regulations, a permit may be required of a Communications Services Provider that desires to place or maintain a communications facility in Public Rights-of-Way. An effective registration shall be a condition of obtaining a permit. Notwithstanding an effective registration, permitting requirements 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. 50-01, § 1, passed 9/19/01)