1379-19 Right-of-Way Cell Towers

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maintenance,or operation of any Communications Facilities other than Small Wireless Facilities in The Public Right-of-Way. d. This subsection 7.12.08.02 does not affect provisions relating to Pass-Through Providers contained in this Part and contained in `ection 337.401(6), Florida Statutes, as amended from time to time. e. This subsection 7.12.08.02 does not apply to the installation, placement, maintenance, or replacement of Micro Wireless Facilities on any existing and duly authorized aerial Communications Facilities, provided that once aerial Facilities are converted to underground facilities, any such Collocation or construction shall be only as provided by the City's underground utilities ordinance. f. No Person shall Collocate Small Wireless Facilities or Micro Wireless Facilities on a City Utility Pole or erect a Wireless Support Structure in a location subject to covenants, conditions, restrictions, articles of incorporation, and bylaws of a homeowners' association. This paragraph does not apply to the installation,placement, maintenance, or replacement of Micro Wireless Facilities on any existing and duly authorized aerial Communications Facilities. 7.12.09. - Revocation or Suspension of Right-of-Way Use Permits. Subject to Section 7.12.11, the City may revoke any 'ght-of-Way Use Permit currently issued to a Communications Services Provider for work in the Public Rights-of-Way or suspend the issuance of Right-of-Way Use Permits in the future to a Communications Services Provider for, in addition to any other circumstances provided for in this Part, one or more of the following reasons,upon reasonable notice thereof and an opportunity to cure: (a) a violation of permit conditions,including conditions set forth in the permit,this Part,and other applicable codes or regulations governing the placement or maintenance of Communications Facilities in the Public Rights-of-Way; (b) a misrepresentation or fraud made or committed on the p of the Communications Services Provider in the Registration process or in the Application for a Right-of-Way Use Permit; (c) the failure to properly renew the Registration or the ineffectiveness of Registration; or (d) the failure to relocate or remove Communications Facili ies as may be required by the City pursuant to this Part. 7.12.10.- Involuntary Termination of Registration. 7.12.10.01 The City may terminate a Registration 'f: (1) a federal or state authority suspends, denies, or red okes a Communications Services Provider's certification or license to provide Communications Services; (2) the Communications Services Provider's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents an extraordinary danger to the general public or other users of the Public Rights-of-Way and the Communications Services Provider fails to remedy the danger promptly after receipt of written notice thereof; (3) the Communications Services Provider ceases to use all of its Communications Facilities in the Public Rights-of-Way and has not complied with Section 7.12.21 of this Part; or (4) the Communications Services Provider fails to comply with any of the rules, regulations or general conditions set forth in Section 7.12.06 of this Part. 7.12.10.02 Prior to termination of a Registration, the Communications Services Provider shall be notified by the City in writing specifying the provisions of Subsection 7.12.10.01 applicable to the proposed termination. The Communications Services Provider shall have 30 days after receipt of such notice within wl ch to eliminate the reason or within which to present a plan, satisfactory to the City, to acco plish the same. If not eliminated or if the plan presented is rejected,the Planning Director or his/her designee and the Public Works Page 23 of31