§ 50-83. Registration for placement or maintenance.

(a)

A communications services provider who 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. 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 shall 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, or from complying with all applicable city ordinances, codes or regulations, including the provisions of this article.

(c)

Each communications services provider who 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)

The applicant's name;

(2)

The 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)

For registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service and/or toll service;

(4)

Evidence of the insurance coverage required under this article and acknowledgment that the registrant has received and reviewed a copy of this article, which acknowledgment shall not be deemed an agreement; and

(5)

The number of the applicant's certificate of authorization or license to provide communications services issued by the state public service commission, the Federal Communications Commission, or other federal or state authority, if any. If an applicant does not provide a state public service commission certificate of authorization number, and the applicant is a corporation, proof of authority to do business in the state, such as the number of the certificate from or filing with the department of state, shall be provided.

(d)

Registration application fees shall be as follows:

(1)

Each applicant for a registration shall submit a registration application fee with the application, which shall not be refunded if the application is withdrawn, provided the registrant may credit the registration application fee as provided in F.S. § 337.401(3). Fee amounts shall be established by resolution of the city council, and shall be in an amount not to exceed the city's costs and expenses incurred in connection with reviewing and approving the registration. If the registration application fee is insufficient to cover all costs or expenses incurred by the city in connection with review and approval of the registration, the applicant shall reimburse the city for any such costs and expenses in excess of the registration application fee following receipt of written notice, which shall explain any additional costs or expenses. This subsection shall be repealed and shall have no force or effect on or after October 1, 2001.

(2)

No registration application fees shall be imposed on or after October 1, 2001.

(e)

The city shall review the registration information submitted by the applicant. Such review shall be by either the city attorney, city engineer or code enforcement officer or his designee. If the applicant submits information in accordance with subsection (c) of this section, the registration shall be effective and the city shall notify the applicant in writing of the effectiveness of such registration. If the city determines that the information has not been submitted in accordance with subsection (c) of this section, the city clerk shall notify the applicant in writing of the noneffectiveness of the registration and the reasons for such noneffectiveness. The city shall reply to an applicant within 30 days after receipt of the registration information from the applicant. Noneffectiveness of the registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section.

(f)

A registrant may cancel a registration upon written notice to the city stating that the registrant 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 shall not cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of-way.

(g)

Registration shall 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 article, and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted.

(h)

A registrant shall renew its registration with the city by April 1 of even-numbered years in accordance with the registration requirements in this section, 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 such registration until the next even-numbered year. Within 30 days of any change in the information required to be submitted pursuant to subsection (c) of this section, except, as of October 1, 2001, pursuant to subsection (c)(3) of this section, a registrant shall provide updated information to the city. If no information in the then existing registration has changed, the registration 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.

(i)

In accordance with applicable city ordinances, codes or regulations, a permit may be required of a communications services provider who 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 have been met.

(Ord. No. 01-04, § 1(21-23), 3-5-2001)