§ 17-62. Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way.

(a)

A Communications Services Provider that desires to Place or Maintain a Communications Facility in Public Rights-of-Way in the Village shall first Register with the Village in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may Place or Maintain a Communications Facility in Public Rights-of-Way. A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the Village as of the Effective Date of this Ordinance has 60 days from the Effective Date of this Ordinance to comply with the terms of this Ordinance, including, but not limited to, Registration, or be in violation thereof.

(b)

A Registration shall not convey any title, equitable or legal, in the Public Rights-of-Way. Registration under this Ordinance governs only the Placement or Maintenance of Communications Facilities in Public Rights-of-Way. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the Village's or another Person's Facilities. Registration does not excuse a Communications Services Provider from complying with all applicable law, including Village ordinances, codes or regulations, including this Ordinance.

(c)

Each Communications Services Provider that desires to Place or Maintain a Communications Facility in Public Rights-of-Way in the Village shall file a single Registration with the Village that shall include the following information:

(1)

Name of the applicant;

(2)

Name, address and telephone number of the applicant's primary contact Person in connection with the Registration and of the Person to contact in case of an emergency;

(3)

For Registrations submitted prior to October 1, 2001, the applicant shall state whether it provides or expects to provide local service or toll service or both;

(4)

Evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copy of this Ordinance, and

(5)

A copy of Federal or State certification authorizing the applicant to provide Communications Services, if any;

(6)

If the applicant 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 other means; and

(7)

A security fund in accordance with this Ordinance.

(d)

The Village Manager or designee shall review the information submitted by the applicant. If the applicant submits information in accordance with subsection (c) above, the Registration shall be effective and the Village shall notify the applicant of the effectiveness of Registration in Writing. If the Village determines that the information has not been submitted in accordance with subsection (c) above, the Village shall notify the applicant in Writing of the non-effectiveness of Registration, and reasons for the non-effectiveness. The Village shall so notify an applicant within 30 days after receipt of Registration information from the applicant.

(e)

A Registrant may cancel a Registration upon Written notice to the Village that the Registrant will no longer Place or Maintain any Communications Facilities in Public Rights-of-Way and will no longer need to obtain permits to perform work in the Public Rights-of-Way. A Registrant cannot cancel a Registration if the Registrant continues to Place or Maintain any Communications Facilities in Public Rights-of-Way.

(f)

Registration shall be nonexclusive. Registration shall not establish any right or priority to Place or Maintain a Communications Facility in any particular area in Public Rights-of-Way within the Village. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further subject to any additional Village ordinances, as well as any State or federal laws that may be enacted.

(g)

A Registrant shall renew its Registration with the Village by April 1 of even-numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant that initially Registers during the even-numbered year when renewal would be due or the odd-numbered year immediately preceding such even-numbered year shall not be required to renew until the next even-numbered year. Within 30 days of any change in the information required to be submitted pursuant to subsection (c), except, as of October 1, 2001, subsection (c)(3), a Registrant shall provide updated information to the Village. 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 Village restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this Ordinance.

(h)

In accordance with applicable Village ordinances, codes or regulations and this Ordinance, a permit shall be required of a Communications Services Provider that desires to Place or Maintain a Communications Facility in Public Rights-of-Way. An effective Registration shall be a condition of obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met.

(i)

A Registrant that Places or Maintains Communications Facilities in the Public Rights-of-Way shall be required to pay compensation to the Village as required by applicable law and ordinances of the Village. A Registrant that Places or Maintains Communications Facilities in the Public Rights-of-Way, other than a Registrant that provides local services as defined in F.S. § 203.012(3), within the Village, shall pay to the Village the fees required to be paid by Providers of toll service within the Village.