Fort Walton Beach Ordinance — 1459--Communication Facilities in ROW — reading text

Facilities in Public Rights-of-Way 1. A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City shall first Register with the City 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. 2. A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights-of-Way. Registration under this Ordinance governs only the placement or maintenance of Communications Facilities in Public Rights-of-Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights-of-Way of facilities that are not Communications Facilities. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the City or another Person’s facilities. Registration does not excuse a Communications Services Provider from complying with all applicable City ordinances, codes or regulations, including this Ordinance. 3. Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of- Way in the City shall file a single Registration with the City which shall include the following information: (a) name of the applicant; (b) name, address and telephone number of the applicant’s primary contact person in Page -7- connection with the Registration, and the person to contact in case of an emergency; the registrant shall ensure that the City always has current contact information. (c) for Registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service or toll service or both; (d) evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copy of this Ordinance, which acknowledgment shall not be deemed an agreement; and (ce) the number of the applicant’s certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other Federal or State authority, if any. (f) for an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, such as the number of the certificate from or filing with the Florida Department of State. 4. The City shall review the information submitted by the applicant. Such review shall be by the City Manager or his or her designee. If the applicant submits information in accordance with subsection 3. above, the Registration shall be effective and the City shall notify the applicant of the effectiveness of Registration in writing. If the City determines that the information has not been submitted in accordance with subsection 3. above, the City shall notify the applicant of the non- effectiveness of Registration, and reasons for the non-effectiveness, in writing. The City shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Non-effectiveness of Registration shall not preclude an applicant from filing subsequent applications for Registration under the provisions of this Ordinance. Page -8- 5. A Registrant may cancel a Registration upon written notice to the City stating that it will no longer place or maintain any Communications Facilities in Public Rights-of-Way within the City and will no longer need to obtain permits to perform work in 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. 6. Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights-of- Way within the City but shall establish for the Registrant a right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further subject to any additional City ordinances, as well as any State or Federal laws that may be enacted. 7. A Registrant shall renew its Registration with the City every two years. 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 the Communications Services Provider has complied with the Registration requirements of this Ordinance. 8. In accordance with applicable City ordinances, codes or regulations, 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 apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. Section 5 - Notice of Transfer, Sale or Assignment of Assets in Public Rights-of-Way If a Registrant transfers, sells or assigns its assets located in Public Rights-of- Way incident to Page -9- a transfer, sale or assignment of the Registrant’s assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the City thirty (30) days prior to the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re-Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Section 4 within thirty (30) days of the transfer, sale or assignment. If permit applications are pending in the Registrant’s name, the transferee, buyer or assignee shall notify the City Manager or his designee that the transferee, buyer or assignee is the new applicant. Section 6 - Placement or Maintenance of a Communications Facility in Public Rights of- Way. 1. A Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and City ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights-of- Way. 2. A Registrant shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits, if any, have been issued by the City or other appropriate authority, except in the case of an emergency. Registrant shall provide prompt notice to the City of the placement or maintenance of a Communications Facility in Public Rights-of-Way in the event of an emergency and shall be required to obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in Public Rights-of-Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the City may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights-of-Way. Permits shall apply only to the areas of Public Page -10- Rights-of-Way specifically identified in the permit._The City may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. 3. As part of any permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way, the Registrant shall provide the following: (a) Engineering drawings of Facilities located in the Public Rights-of-Way, including, but not limited to the following: (1) _ Desired location of the proposed Facilities including dimensions to the right of way line or back of curb; (2) Description of the Facilities to be installed; (3) Approximate size of the Facilities; (4) Plans must show that the proposed work is within the limits of the right-of-way or easement; (5) All existing utilities, underground or aboveground, must be located and drawn on the plan in the area of the proposed work; (6) For directional boring installations, a cross-section drawing, drawn to scale, at every location involving a main utility line crossing (such as intersections); (7) Upon completion of construction of the Facilities, provide to the City at no cost revised as-built plans based upon actual installation, in a hard copy format or an electronic format specified by the City (provided such electronic format is maintained by the Registrant); and (8) Any other information deemed necessary by the City. (b) A description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques); Page -11- (c) A maintenance of traffic plan for any disruption of the Public Rights-of- Way; (d) Information demonstrating the ability of the Public Rights-of-Way to accommodate the proposed Facility; (e) Ifappropriate given the Facility proposed, an estimate of the cost of restoration to the Public Rights-of-Way; (f) The timetable for construction of the project or each phase thereof, and the areas of the City which will be affected; (g) Such additional information as the City finds reasonably necessary with respect to the placement or maintenance of the Communications Facility that is the subject of the permit application to review such permit application; and (h) Apre-construction conference shall be required at the discretion of the Public Works Director. 4. To the extent not otherwise prohibited by State or Federal law, the City shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights-of Way. 5. All Communications Facilities shall be placed or maintained so as not to unreasonably interfere, as determined at the sole discretion of the City, with the use of the Public Rights-of-Way by the public and by the City for installation of its utilities, with the rights and convenience of property owners who adjoin any of the Public Rights-of-Way. The use of trenchless technology (i.e., directional bore method), with the proper subsurface engineering, for the installation of Facilities in the Public Rights-of-Way as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. The City may promulgate reasonable rules and regulations concerning the placement or maintenance of a Page -12- Communications Facility in Public Rights-of-Way consistent with this Ordinance and other applicable law. 6. All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. 7. After the completion of any placement or maintenance of a Communications Facility in Public Rights-of-Way or each phase thereof, a Registrant shall, at its own expense, restore the Public Rights-of- Way to its original condition before such work to the satisfaction of the City. Ifthe Registrant fails to make such restoration within fourteen (14) calendar days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the City may perform restoration and charge the costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. For twelve (12) months following the original completion of the work, the Registrant shall