1379-19 Right-of-Way Cell Towers

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Provider that has properly Registered may apply for Right-of-Way Use Permits to place or maintain a Communications System or Facilities in the Public Rights-of-Way. 7.12.04.02 Every Communications Services Provider that desires to place or maintain Communications Facilities in the Public Rights-of-Way, including any Pass-Through Facilities, shall Register with the Planning and Public Works Departments and shall submit the following information and documentation: (1) the name of the applicant under which it will transact business in the City and, if different, in the State of Florida; (2) the address and telephone number of the applicant's principal place of business in the State of Florida and any branch office located in the City or, if none, the name, address and telephone number of the applicant's national headquarters and its Registered Agent in Florida; (3) the name, address and telephone number of the applicant's primary contact person and the person to contact in case of an emergency; (4) the type of Communications Services that the applicant intends to provide within the corporate limits of the City(if more than one, state all that apply), or, if none, state that the applicant is a Pass-Through Provider or is intending only to place and maintain Pass- Through Facilities, as the case may be; (5) a copy of both the applicant's resale certificate and certificate of registration issued by the Florida Department of Revenue to engage in the business of providing Communications Services in the State of Florida; (6) a copy of the applicant's certificate of authorization, public convenience and necessity or other similar certification issued by the Florida Public Service Commission; (7) the number of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Department, the FCC, or other Federal authority, if any; (8) for an applicant that is a Pass-Through Provider,in lieu of paragraphs(5),(6)and(7)above, the applicant shall provide a certified copy of the certificate or license issued by the Florida Department of State, or other appropriate state agency or depal tment, authorizing the company to do business in the State of Florida; and (9) evidence of the applicant's insurance coverage as required under this Part. .7.12.04.03 The City shall review the information submitted by the applicant. Such review shall be by the Planning Director or his/her designee and Public Works Director or his/her designee. If it is found that the applicant complied with the requirements of this section,the Registration shall be effective and the City shall notify the applicant of the effectiveness of Registration in writing. If the City determines that the applicant is not in compliance, the City shall notify the applicant in writing of the non-effectiveness and denial of Registration and the reasons therefor. The City shall so reply to an applicant within 30 days after receipt of the Registration Application and required information from the applicant.Non-effectiveness and denial of Registration shall not preclude an applicant from reapplying or filing subsequent Applications for Registration under the provisions of this section. 7.12.04.04 An effective Registration does not, and shall not be construed to, convey equitable or legal title in the Public Rights-of-Way to any Communications Services Provider. Registration under this Ordinance governs only the placement or maintenance of a Communications System or Communications Facilities in the 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 part of a Communications System. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on those facilities or property belonging Page 8 of 31