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Services Providers' placement and maintenance o facilities in the Public Rights-of-
<br /> Way in a nondiscriminatory and competitively neutral manner.
<br /> 7.12.02.03 This Part shall apply to any public or p 'vate entity who seeks to construct,
<br /> place, install, maintain or operate a Communications Sys em or Facilities, as such terms are
<br /> defined herein, in the Public Rights-of-Way, unless otherwise exempt by operation of
<br /> applicable state or federal law. This Part shall equally apply to a City owned or controlled
<br /> Communications System except to the extent such Facilities are utilized on an internal, non-
<br /> commercial basis by the City or any of its agencies, departments or bureaus.
<br /> 7.12.03. -Defmitions.
<br /> For purposes of this?Part, the following terms, phras , words and their derivations shall
<br /> have the meanings ascribed herein. Where not inconsistent ith the context, words used in the
<br /> present tense include the future tense, words in the plural in lude the singular, and words in the
<br /> singular include the plural. The words "shall" and "will" are mandatory, and "may" is permissive.
<br /> Words not otherwise defined herein shall have the meaning ascribed thereto under Chapters 202
<br /> or 337, Florida Statutes, as amended, or where none is ascribed shall be construed to mean the
<br /> common and ordinary meaning.
<br /> (1) Abandonment means the permanent cessation of all ses of a Communications Facility;
<br /> provided that this term shall not include cessation of all use of a Facility within a physical
<br /> structure where the physical structure continues to b�used. By way of example, and not
<br /> limitation, cessation of all use of a cable within a coni uit, where the conduit continues to
<br /> be used, shall not be "Abandonment" of a Facility in t e Public Rights-of-Way.
<br /> (2) Affiliate means each person, directly or indirectly, controlling, controlled by, or under
<br /> common control with a Communications Services Provider that is in the City Register;
<br /> provided that Affiliate shall in no event mean any limited partner,member, or shareholder
<br /> holding an interest of less than 15 percent in such Communications Services Provider.
<br /> (3)Antenna means communications equipment that transmits or receives electromagnetic radio
<br /> frequency signals used in providing Wireless Services or other Communications Services.
<br /> (4) Applicable Codes means uniform building, fire, electrical,plumbing, or mechanical codes
<br /> adopted by a recognized national code organization or local amendments to those codes
<br /> enacted solely to address threats of destruction of property or injury to persons, or local
<br /> codes or ordinances adopted to implement this subsection. The term includes objective
<br /> design standards adopted by ordinance which may require that a new Utility Pole replacing
<br /> an existing Utility Pole be of substantially similar design, material, and color, or that
<br /> ground-mounted equipment meet reasonable spacing requirements. The term includes
<br /> objective design standards adopted by ordinance which may require a Small Wireless
<br /> Facility to meet reasonable location context, color, Stealth, and concealment requirements;
<br /> however,the City may waive the design standards upon a showing that the design standards
<br /> are not reasonably compatible for the particular location of a Small Wireless Facility or
<br /> that the design standards impose an excessive expense. The waiver shall be granted or
<br /> denied within 45 days after the date of the waiver request.
<br /> (5) Applicant means a person who submits an Applicatio and is a Wireless Provider.
<br /> (6)Application means a request submitted by an Applicant to the City for a permit to Collocate
<br /> Small Wireless Facilities.
<br /> (7)As Built Survey means the final and complete drawings in hard copy signed and sealed by
<br /> a Professional Surveyor and Mapper(as defined in§4'12.005,Florida Statutes)and the final
<br /> and complete electronic overview map(in autocad,mi rostation,map info or ESRI format)
<br /> presented in computer input medium such as cd-rom, dvd or zip file. As-Built Surveys, in
<br /> both the drawings and the electronic overview ma I, shall show the present state of a
<br /> Communications Services Provider's Facilities in the ublic Rights-of-Way, including,but
<br /> not limited to, the horizontal and vertical location of Facilities located at least every 100
<br /> feet and at any alignment change. Horizontal locatio s on all points of Facilities shall be
<br /> from street centerline, or section or quarter section lines or corners. Vertical locations on
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