§ 7-283. Registration.

(a)

Each communications services provider or pass-through provider that desires to erect, construct, install, maintain, repair, expand, or use any communications facilities in, under, over or across any public rights-of-way in the city shall first register with the city in accordance with the terms of this article.

(b)

Any communications services provider or pass-through provider desiring to use the public rights-of-way shall file a registration with the finance and administrative services department which shall include the following information:

(1)

Identity of the communications services provider, its legal name and any names it is doing business under, mailing address, electronic mail address and telephone number, and the name, mailing address, electronic mail address, and telephone number of the primary contact person in connection with the registration;

(2)

A statement of whether the applicant for registration is or expects to be a local service provider or toll service provider for registration's submitted prior to October 1, 2001;

(3)

A statement describing the specific types of services provided, technology used, and types of equipment to be installed within the city;

(4)

A statement indicating whether the registering communications services provider will be required to pay the Communications Services Tax authorized by F.S. Chapter 202 and chapter 5, article I of the City Code;

(5)

The identity of the party responsible for coordinating relocation of the communications services provider's facilities, including name, title, mailing address, electronic mail address, and telephone;

(6)

The identity of the party responsible for coordinating payment of all applicable fees pursuant to this article or chapter 5, article I of the City Code;

(7)

Evidence of the insurance coverage required under this article and acknowledgment that registrant has received and reviewed a copy of this article;

(8)

A copy of federal or state certification authorizing the applicant for registration to provide communications services.

(9)

A security fund in accordance with this article.

(c)

The city will review the information submitted by the applicant for registration. Such review will be by the finance and administrative services director, or designee. If the applicant submits information in accordance with section 7-283(b) above, 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 information has not been submitted in accordance with section 7-283(b) above, the city shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The city shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. A registrant may cancel a registration upon written notice to the city noticing that it will no longer maintain facilities in the public rights-of-way and will no longer need to obtain permits to perform work in public rights-of-way. Within thirty (30) days of a change in the registrant's name, ownership status, or any other change in the information required to be submitted pursuant to this section 7-283, registrant shall provide updated information to the city finance and administrative services department. Any successor in interest of an initial registrant shall have a duty to ensure that the information required in this section 7-283 is updated, and shall be bound by the terms of this section as if it were the initial registrant.

(d)

A registration shall not convey title, equitable or legal, in the public rights-of-way. Registrants may only occupy public rights-of-way for communications facilities. Registration does not excuse a communications services provider from obtaining appropriate authorization, access or pole attachment before locating its facilities on another person's facilities. Registration does not excuse a provider from complying with all applicable city ordinances, including this article, and engineering standards.

(e)

Registration with the city shall be nonexclusive. Registration does not establish any priority for the use of the public rights-of-way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this article and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted during the term of the registration.

(Ord. No. 456, § 2, 12-26-00; Ord. No. 456-17-A, § 6, 2-14-17)