It is the intent of the city to promote the public health, safety, and general welfare
by providing for the use of the public rights-of-way within the city, to adopt and
administer reasonable regulations consistent with state and federal law, including
F.S. §§ 337.401, 362.01, 365.172(13), and 337.29(3), and the city's home-rule authority
in accordance with the provisions of the Telecommunications Act of 1996 and Section
6409 of the Middle Class Tax Relief and Job Creation Act of 2012, to provide for the
payment of compensation and other consideration by a communications services provider
to the city for the cost of regulating and maintaining the public rights-of-way and
for the privilege of using the public rights-of-way within the city for constructing
and maintaining communications facilities, and to establish the reasonable regulations
concerning the use of the public rights-of-way by all communications services providers
after the effective date of this article. In regulating its public rights-of-way,
the city shall be governed by and shall comply with all applicable federal, state
and local laws and regulations. This article is not intended to regulate the installation
of utility poles, including aerial facilities located between utility poles with associated
pole attachments, provided such aerial facilities are not wireless communications
facilities.
