Sec. 711.402. - Intent and purpose; Subparts.

It is the City's intent to promote the public health, safety and general welfare by: providing for the placement, maintenance or collocation of a Communication Facility in the City's Rights-of-Way; adopting and administering reasonable rules and regulations not inconsistent with State and Federal law, including F.S. § 337.401, as amended, the City's home-rule authority, and the Federal Telecommunications Act of 1996, as amended, the Advanced Wireless Infrastructure Deployment Act of 2017, as amended, and other applicable Federal and State law; establishing reasonable rules and regulations applicable to Communications Services Providers necessary to manage the placement, maintenance or collocation of Communications Facilities or in the City's Rights-of-Way; establishing objective design standards applicable to Small Wireless Facilities and Small Wireless Sole Purpose New Utility Poles locating or collocating in the City's Rights-of-Way and minimizing disruption to the City's Rights-of-Way. In regulating the City's Rights-of-Way, the City shall be governed by and shall comply with all applicable Federal and State laws. Subpart A (Registration and General Permit Conditions for Communication Facilities) shall apply to any Person who seeks to transmit Communication Services or to construct, place, install, maintain, Collocate or operate a Communication Facility in the City's Rights-of-Way. Subpart B (Underground Communications Facilities), Subpart C (General Permit Conditions for Small Wireless Facility Communication Facilities and Small Wireless Sole Purpose New Utility Poles), Subpart D (Collocated Small Wireless Facilities) and Subpart E (Small Wireless Sole Purpose New Utility Poles) shall apply based on the type of Permit application submitted by an Applicant under this Part. Subparts C, D and E are intended to implement the Advanced Wireless Infrastructure Deployment Act, Section 337.401(7), F.S. In the event the Advanced Wireless Infrastructure Deployment Act, Section 337.401(7), F.S., is repealed, amended, or overturned by a court of competent jurisdiction, in whole or in part, provisions of this Section may no longer apply, in which case pending and future applications for Small Wireless Facilities or Small Wireless Utility Poles in the City's Rights-of-Way, will be governed by applicable law. (Ord. 2017-863-E , § 4)