§ 3-6-38. Registration for placing or maintaining communications facilities in public rights-of-way.

(a)

A registration application and all information required therein shall be included in any permit application required by section 3-6-40 of this Code.

(b)

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 county shall first register with the county in accordance with this division. This division provides no right of access to the public rights-of-way for (i) persons other than communications services providers, or (ii) businesses other than those 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 county. Subject to the terms and conditions prescribed in this division, a registrant may place or maintain a communications facility in public rights-of-way.

(c)

A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this division 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 of communications facilities. Registration does not excuse a registrant from obtaining appropriate access or pole attachment agreements before locating its facilities on the county's or another person's or business's facilities. Registration does not excuse a registrant from complying with all applicable county ordinances, codes or regulations, including this division.

(d)

Each communications services provider, communications facility provider, or pass-through provider that desires to place or maintain a communications facility, including without limitation, a co-location, in public rights-of-way in the county, shall file an application for a single registration with the county which shall include the following information:

(1)

Name of the registrant;

(2)

Name, address and telephone number of the registrant's primary contact person and the person to contact in case of an emergency;

(3)

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

(4)

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

(e)

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

(f)

The county shall review the information submitted by the applicant. Such review shall be by the county administrator or his or her designee. If the applicant submits information in accordance with subsection 3-6-38(d) above, the registration shall be effective and the county shall notify the applicant of the effectiveness of the registration in writing. If the county determines that the information has not been submitted in accordance with subsection 3-6-38(d) above, the county shall notify the applicant, in writing, of the non-effectiveness of registration, and reasons for the non-effectiveness. The county shall respond to an application for registration within thirty (30) days after receipt of registration information. Non-effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provision of this division. An applicant has thirty (30) days after receipt of the notice of non-effectiveness of registration to appeal the decision as provided in section 3-6-44 hereof.

(g)

A registrant may cancel a registration upon written notice to the county stating that it will no longer place or maintain any communications facilities in public rights-of-way within the county 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.

(h)

Registration does not in and of itself establish a right to place or maintain, or the priority for the placement or maintenance of a communications facility in public rights-of-way within the county but shall provide the registrant with the right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this division and are further subject to any additional county ordinances, as well as any state or federal laws that may be enacted.

(i)

A registrant shall renew its registration with the county's public works department by April 1 of even numbered years in accordance with the registration requirements in this division, 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 (c), a registrant shall provide updated information to the county. 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 county restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this division.

(j)

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. 2017-032, § 2, 6-27-17)