§ 78-395. Fees and charges.

(a)

Permit fees .

(1)

Fees for communication placement permits shall not exceed the reasonable cost of the regulatory activity of the city and shall be the maximum amount allowed by law. Such fees shall be established by resolution of the city commission.

(2)

No communication placement permit fees shall be charged to communication services providers that remit taxes to the city imposed pursuant to F.S. ch. 202; or to any communications company which provides communications services as defined in F.S. § 203.012(3), for any services provided by such communications company.

(3)

Communication placement permit fees shall be payable from all other users or occupants of the city's rights-of-way for communication services.

(b)

Pass-through provider . A registrant that does not directly serve a communications services customer at retail within the jurisdictional limits of the city at the time the entity makes physical use of the public rights-of-way shall pay to the city, annually, a fee of no less than $500.00 per linear mile of any cable, fiber optic, or other pathway that makes physical use of the public rights-of-way, or the maximum allowed by law.

(c)

Collocation fees . The rate to collocate small wireless facilities on city utility poles shall be $150.00 per pole, or the maximum allowed by law, payable annually.

(d)

Lease payments . Lease agreements for the use of city land and buildings on property outside the public rights-of-way will be established by separate instrument in accordance with the parameters set forth in F.S. § 337.401(7).

(e)

[Maximum compensation requirement.] Notwithstanding anything in this article to the contrary, the city shall at all times hereby require the maximum compensation allowed under applicable law.

(f)

No fees . No fees shall be charged by the city under this article for:

(1)

Routine maintenance of small wireless facilities;

(2)

Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size;

(3)

Installation, placement, maintenance or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles by a registrant that remits taxes under F.S. ch. 202.

(Ord. No. 4774-18, § 2, 10-22-2018)