§ 78-385. Conflicts.

(a)

Insufficient space .

(1)

To the extent not otherwise prohibited by state or federal law, the city shall have the authority to prohibit or limit the placement of new or additional communication services facilities within the public rights-of-way if there is insufficient space to accommodate all of the requests to place and maintain facilities in that area of the public rights-of-way. A determination of insufficient physical space may be made when: (i) necessary to protect existing facilities in the public rights-of-way; (ii) to accommodate city plans for public improvements or projects, including the replacement of city utility facilities; (iii) to the extent not prohibited by applicable law, to prevent interference with the operations of public safety communications services; or (iv) to accommodate traffic safety issues raised by the city, the county, FDOT or any other agency with regulatory authority over any right-of-way within the city.

(2)

Reservation of space on city utility poles for future public safety uses by the city may not preclude collocation of a small wireless facility. The registrant may, in accordance with the provisions of this article, apply for replacement of the city utility pole in order to accommodate the small wireless facility and the future public safety use.

(b)

To the extent that any person or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights-of-way of the city, the person or registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the city's rights, including requiring the removal of such facilities from the public rights-of-way of the city, regardless of the effect on the person's ability to provide service or on the registrant's ability to maintain its own telecommunications facilities in the public rights-of-way of the city.

(c)

In case of conflict or interference between the facilities of different registrants, the registrant whose facilities were first permitted shall have priority over a competing registrant's use of the public rights-of-way. The resolution of any conflict or interference shall be made in a manner that is consistent with the nondiscrimination provisions of the Federal Telecommunications Act of 1996 and F.S. § 337.401(3).

(d)

Scheduling. In the interest of the public's health, safety and welfare, upon request of the city, a registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject public right-of-way. The city may require a registrant to alter reasonably its placement or maintenance schedule for permitted work as necessary so as to minimize disruptions and disturbance in the public rights-of-way. The city may provide a more definite time frame based on specific city construction or maintenance schedules.

(Ord. No. 4774-18, § 2, 10-22-2018)