§ 110-123. Registration requirements.

(1)

Registration Required. Any Communications Services Provider, Wireless Provider, or Wireless Infrastructure Provider that places or seeks to place Facilities in the County Rights-of-Way shall register with the County.

(2)

Registration Information. Any Communications Services Provider, Wireless Provider, or Wireless Infrastructure Provider shall provide the following information to the County:

(a)

Name of the registrant;

(b)

If the registrant is a corporation or limited liability company, proof of authority to do business in the State of Florida;

(c)

Name, address, telephone number, and electronic mail address of a contact person for the registrant;

(d)

The number of the registrant's current certificate of authorization issued by the Florida Public Service Commission, the Federal Communications Commission, or the Department of State; and

(e)

Proof of insurance or self-insuring status adequate to defend and cover claims.

(3)

Review and approval. Within thirty (30) days after receipt of the information submitted by the Applicant, the County 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 resubmit the required information and documentation within thirty (30) days of the date of the notice of deficiency, otherwise the application for Registration is considered withdrawn.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. An Applicant has thirty (30) days after receipt of the notice of denial to appeal the decision as provided herein.

(4)

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 County Rights-of-Way and will no longer need to obtain permits to perform work in the County Rights-of-Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in the County Rights-of-Way.

(5)

Registration updates. Within thirty (30) days of any change in the information required to be submitted, a Registrant shall provide updated information to the County.

(6)

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 Article. Registration renewals shall include an inventory of the Registrant's newly installed Communications Facilities or Abandoned Communications Facilities within the County Rights-of-Way placed since the most recent renewal or update. Failure to renew a Registration may result in the County restricting the submittal and acceptance of any additional Permit applications until the Communications Services Provider, Communications Facility Provider or the Pass-Through Provider has complied with the Registration requirements of this Article.

(7)

Notice of Transfer, Sale or Assignment of Assets in County Rights-of-Way. An Applicant shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, consolidation or otherwise, a Registration granted pursuant to this Article without having first provided the County with at least thirty (30) days written notice of the same. Further, any such Person to whom such transfer has been made, must register with the County in accordance with this Article within sixty (60) days of the transfer. If Permit Applications are pending in the Applicant's name, the transferee, buyer or assignee shall notify the County that the transferee, buyer or assignee is the new Applicant.

(8)

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 County Rights-of-Way.

(9)

A violation of the requirements of this Section shall be a violation of this Article and the Applicant who is alleged to have violated any of the provisions of this Section may be subject to the enforcement remedies set forth in this Article.

(Ord. No. 2017-27, § 3)