§ 27-4. Registration.

(a)

Registration. A communications services provider, communications facility provider or a pass-through provider that desires to place or maintain a communications facility in the public rights-of-way shall first, before being eligible to receive a permit to conduct work in the county rights-of-way, register with the county administrator or designee in accordance with this chapter. For the purposes of this section, "applicant" shall mean any communications services provider, communications facility provider or a pass-through provider seeking an active registration with the county.

(b)

Content of registration. Each applicant shall submit the following information and documentation:

(1)

The name of the applicant under which it will transact business in the county and, if different, in the state;

(2)

The name, address, electronic mail address, and telephone number of the applicant's primary contact person and the person to contact in case of an emergency;

(3)

The type of communications services that the applicant intends to provide within the county (if more than one, state all that apply), or, if none, state that the applicant is a communications facility provider or pass-through provider, as the case may be;

(4)

A copy of the applicant's certificate of authorization, public convenience and necessity, or other similar certification or licenses issued by the Florida Public Service Commission, the Florida Department of State, the FCC, or other federal authority;

(5)

For an applicant that is a communications facility provider or pass-through provider, in lieu of paragraph (4) above, the applicant shall provide a certified copy of the certificate or license issued by the Florida Department of State, or other appropriate state agency or department, authorizing the company to do business in the state;

(6)

Proof of the applicant's insurance coverage as required pursuant to section 27-13;

(7)

A performance bond as required pursuant to section 27-15; and

(8)

A security fund as required pursuant to section 27-16.

(c)

County administrator or designee review and approval. Within 30 days after receipt of the information submitted by the applicant, the county administrator or designee shall determine whether the applicant for registration contains all information and documentation required and shall advise the applicant of any areas of deficiency in writing. The applicant shall re-submit the required information and documentation within 30 days of the date of the notice of deficiency, otherwise the application for registration is considered withdrawn. A notice of deficiency and/or denial of registration shall not preclude an Applicant from reapplying or filing subsequent applications for registration under the provisions of this section. A denial of registration may be appealed in accordance with the procedures set forth in section 27-11.

(d)

No property right arises from registration. A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter governs only the placement or maintenance of communications facilities in the public rights-of-way. Registration does not excuse a communications services provider, communications facility provider or pass-through provider from obtaining necessary access or pole attachment agreements before locating its communications facilities in the public rights-of-way. Registration does not excuse a communications services provider, communications facility provider or pass-through provider from complying with all applicable laws, including this chapter and state and federal laws.

(e)

Registration is non-exclusive. Registration does not in and of itself establish a right to place or maintain, or establish priority for the placement or maintenance of a communications facility in the public rights-of-way, but shall establish for the registrant a right to apply for a permit, if permitting is required by the county. Registrations are expressly subject to any further amendment to or replacement of this chapter and further subject to any additional county ordinances or regulations, as well as any state or federal laws that may be enacted.

(f)

Cancellation. A registrant may cancel a registration upon written notice to the county stating that it will no longer place or maintain any communications facilities in the 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 the public rights-of-way.

(g)

Registration updates. Within 30 days of any change in the information required to be submitted pursuant to subsection (b), a registrant shall provide updated information to the county.

(h)

Registration renewal. Each registrant shall renew its registration by April 1 of years ending in "0" or "5" (such as 2020, 2025, 2030, etc.) in accordance with the registration requirements of this chapter. Registration renewals shall include an inventory of the registrant's newly installed communications facilities or abandoned communications facilities within the public rights-of-way placed since the most recent renewal or update. Failure to renew a registration may result in the county restricting the issuance of additional permits until the communications services provider, communications facility provider or the pass-through provider has complied with the registration requirements of this chapter.

(i)

Registration application fees. No registration application fees shall be imposed for registration under this chapter.

(j)

Permits required of registrants. In accordance with applicable county ordinances, Codes or regulations, a permit shall be required of a communications services provider, communications facility provider or a pass-through provider that desires to place or maintain a communications facility in the public rights-of-way, unless otherwise specifically exempted under this chapter. An effective registration shall be a condition precedent to or of obtaining a permit. Notwithstanding an effective registration, permitting requirements shall also apply. A permit may be obtained by or on behalf of a registrant having an effective Registration if all permitting requirements are met. If a permit is submitted without proper registration, the application review timeframes as provided in section 27-62 shall be held in abeyance until the communications services provider, communications facility provider or pass-through provider is properly registered with the county.

(k)

Compliance required. A registrant shall at all times comply with and abide by all applicable provisions of state and federal law and county ordinances, codes and regulations in placing or maintaining a communications facility in the public rights-of-way.

(Ord. No. 17-51, § 3, 12-12-17)