1379-19 Right-of-Way Cell Towers

Browse Search

the Public Rights-of-Way in other capacities. The City resery s the right to require such payments based on the type of user and to the extent provided in this setion. 7.12.12.01 Dealer. Except as provided in subpara aph (16) of subsection 7.12.06.02, a Communications Services Provider who meets the deInition of Dealer as set forth in this Part and who has Registered in accordance with Section 7.12.04 is not required to enter into a franchise agreement or license arrangement with the pity as a condition to placing or maintaining Communications Facilities in the Public Riis-of-Way, nor is a Dealer required to make payment of any franchise fees, license fees or other user fees to the City as consideration for the use or occupancy of the Public Rights-of-Way for the provision of Communication Services. 7.12.12.02 Pass-through Provider and Pass Through Facilities. A Communications Services Provider who meets the definition of Pass-through Provider as set forth in this Part, shall pay the City the maximum annual amount allowed under Section 337.401(6)(b), Florida Statutes, as amended. For purposes of calculating paymeits hereunder, each separate pole or tower installed or maintained by a Pass-Through Provider for purposes of supporting Antennae for other over-the-air radio transmission or reception equipment In The Public Rights-of-Way shall comprise a separate Communications Facility subject to assessment of a separate permit fee in the amount of Five Hundred Dollars ($500.00)per linear mile, or portion thereof, or the maximum amount allowed under Section 337.401(6)(b), lorida Statutes,whichever is higher. The annual amount referred to above shall be due and payable on October 1 of every year. The initial payment thereof shall be due within 30 days of the k.doption of this Ordinance. Fees not paid within 10 days after the due date shall bear interest at the rate of one percent per month from the date due until paid. The acceptance of any payment required hereunder by the City shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable or autho zation to install any facilities in the Public Rights-of-Way. 7.12.12.03 Other Persons. All other Persons, exc pt Governments, shall pay the City, as consideration for the use or occupancy of the Public .ghts-of-Way for the placement or maintenance of Communications Facilities, an amount based on and in accordance with subsection 7.12.12.02 of this Part. 7.12.01.04 Government. A Government is not re uired to pay the City consideration for the use or occupancy of the Public Rights-of-Way f r the placement or maintenance of Communications Facilities, unless such Facilities are b I'ng used by such Government or a Communications Services Provider, including Resellers, to offer or provide Communication Services other than for such Government's internal non- ommercial use, in which event the Government, where not subject to the City of Zephyrhi Is' Local Communications Services Tax imposed pursuant to Sections 202.19 and 202.20, Fl rida Statutes, shall pay the City, as consideration for the use or occupancy of the Public Right.-of-Way,by or through its Facilities placed therein after October 1, 2017, an amount based o and in accordance with subsection 7.12.12.02 of this Part or such other amount or rate of co pensation as mutually agreed to in writing by the Government and the City. 7.12.13. -Existing Communications Facility. A Communications Services Provider with a Facility ifi the Public Rights-of-Way as of the effective date of this Part, shall comply with the provisions of this Part within ninety(90) days of ii--III adoption thereof, including, but not limited to, Registration, or the same shall be in violation of this Part. 7.12.14. - Insurance. 7.12.14.01 At all times during the use or occupancy of the Public Rights-of-Way, including any time during placement or maintenance of Communications Facilities, the Communications Services Provider shall obtain, pay all premiums for, and maintain satisfactory to the City the types of insurance policies and coverage limits described in this Section 7.12.14. Nothing contained in this Part shall limit a Communications Services Page 25 of 31