§ 78-392. Registration.

(a)

Registration required . Each communications services facility provider that desires to place, erect, construct, install, locate, maintain, repair, extend, expand, remove, or relocate any communications services facilities in, under, over or across any public right-of-way in the city shall be considered to be using the public rights-of-way and shall be required to register with the city in accordance with the terms of this section. Registration does not establish a right to place or maintain, or priority for the placement of, a communications facility in the rights-of-way.

(b)

Registration information . Any communications services facilities provider desiring to use the public right-of-way shall file a registration with the engineering services department on city-approved forms, and which shall include all of the following information:

(1)

Identity of the registrant and name, address and telephone number of registrant's primary contact person in connection with the registration;

(2)

Acknowledgment that the registrant has received and reviewed a copy of this article;

(3)

A copy of federal and/or state certification authorizing the registrant to provide communications services;

(4)

If the registrant is a corporation, proof of authority to do business in the State of Florida, which may be satisfied by the number of the corporate certification or by other means.

(5)

Whether the registrant pays communication services taxes to the city pursuant to F. S. ch. 202;

(6)

Whether the registrant is a pass-through provider.

(c)

Changes . Within 30 days of any change in the information required to be submitted pursuant to this section, the registrant shall provide updated information to the city.

(d)

Renewal . Registration shall be effective for two years. A registrant shall renew its registration with the city every other year between January 1 and March 31. Registration renewals shall include: (i) updates to registration information; (ii) an inventory of the registrant's newly installed facilities or abandoned facilities since the prior registration or registration renewal. If no information in the then-existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the city restricting the issuance of additional permits until compliance with the registration requirements of this article.

(e)

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

(f)

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 restatement 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. 4774-18, § 2, 10-22-2018)