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<br />Sec. 3. <br /> <br />Applicable Scope. <br /> <br />This section applies to all telecommunications service providers under Title n of <br />the Communications Act of 1934, as amended (47 U.S.c. 201 et seq.) excluding services <br />provided solely by means of wireless transmission which do not use the public rights-of- <br />way. This section does not exempt providers of open video systems service from the <br />requirements of Title VI and applicable FCC rules and regulations. <br /> <br />Sec. 4. <br /> <br />(a) <br /> <br />Sec. 5. <br /> <br />Municipal Ri2ht-of-Wav Use License Required <br /> <br />It shall by unlawful for any person to construct or operate a <br />telecommunications system upon, along, under or over the public rights-of- <br />way of the City without having first obtained permission from the City <br />pursuant to this Ordinance or such other Ordinance of the City as may be <br />applicable. <br /> <br />(b) <br /> <br />Subject to all existing permitting processes, the Licensee is authorized to <br />occupy, install, lay, erect, construct, remove, relocate and maintain in, on, <br />over or upon any and all of the public right-of-ways, as they now exist or <br />may be hereafter constructed, opened, laid out or extended within the <br />present limits of the City any and all such conduits, cables, fiber optic lines, <br />poles, wires, supports and other structures and appurtenances as may be <br />reasonably necessary for the construction, maintenance and operation of a <br />Telecommunications System. Except as provided above, this License does <br />not convey the right to attach cable or conduit to poles, or occupy or use real <br />or personal property owned by the City of Sunny Isles Beach. <br /> <br />(c) <br /> <br />Any License granted under this ordinance shall be non-exclusive, and the <br />issuance of a License will not expressly or implicitly preclude the City from <br />issuance of other licenses to Telecommunications Companies or affect the <br />City's right to authorize use of public rights-of-way for other lawful <br />purposes to other persons as it determines appropriate. <br /> <br />(d) <br /> <br />This License authorizes the Licensee to use the public rights-of-way to <br />provide Telecommunications Services only. Use of the public rights-of-way <br />for any other purpose requires separate authorization. <br /> <br />(e) <br /> <br />This License shall not apply to the use of any public property that does not <br />act as rights-of-ways. Such property shall not fall within the purview of this <br />Ordinance. <br /> <br />Municipal Ri2ht-of-Way Use License Application. Information <br />Required in Issuance. <br /> <br />Any person desiring to install and/or operate a telecommunications system by using <br />public rights-of-way in the City shall submit an application to the Director in accordance <br />with this Ordinance. The application shall be in a form to be prescribed by the Director <br /> <br />Telecommunications Right-of-Way Ord. <br />LMD:ch/pwalker <br />4/5/00 - 12:41 PM <br /> <br />4 <br />