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••_ <br /> reasonable rules and regulations necessary to manage the placement or maintenance of <br /> communications facilities in the public rights of way by all communications services <br /> providers; and minimizing disruption to the public rights of way. In regulating its public <br /> state laws. <br /> The purpose of this chapter is: <br /> (1) To establish a competitively neutral policy for the use of public rights-of-way for <br /> communications facilities: <br /> (2) To protect the City's investment in the public rights-of-way by providing for the <br /> payment of nondiscriminatory fees for the use of the rights-of-way by communications <br /> companies. <br /> (3) To regulate the placement and maintenance of structures and facilities in the public <br /> rights-of-way pursuant to F.S. § 337.401; and <br /> (4) To adopt and to administer reasonable rules and regulations not inconsistent with state <br /> and federal law, including the United States and Florida Constitutions, F.S. § 337.401. <br /> as it may be amended, the City's home-rule authority, and in accordance with the <br /> provisions of the Federal Telecommunications Act of 1996. the Spectrum Act. FCC <br /> regulations. and other federal and state law; to establish reasonable rules and <br /> regulations necessary to manage the placement and maintenance of communications <br /> facilities in the public rights-of-way by all communications services providers after the <br /> effective date of this section; and to minimize disruption to the public rights-of-way. <br /> To the extent provisions of this Ordinance conflict with final, effective orders or <br /> regulations issued by the FCC. the City reserves the right not to apply such <br /> inconsistent provisions in this Ordinance. <br /> (5) Applicability. <br /> a. This Ordinance shall apply to all facilities for communications services placed or <br /> maintained in the City public rights-of-way pursuant to Section 337.401. F.S.. <br /> including but not limited to any person holding a certificate of franchise authority <br /> pursuant to Section 610.103. Florida Statutes. communications services providers. <br /> pass-through providers. and wireless providers. Persons seeking to place or maintain <br /> communications facilities on private property or other property to which the City. <br /> any municipality. Miami-Dade County, or any governmental entity has a fee simple <br /> or leasehold interest in real property. not within and exclusive of the public rights-of- <br /> way, located within the jurisdictional boundaries of the City shall comply with the <br /> applicable provisions of the City Code, Chapter 129, Article II. Telecommunications <br /> Facilities. to the extent it applies. unless such property is addressed expressly in this <br /> Ordinance. This Ordinance is not applicable to communication facilities outside the <br /> public rights-of-way. Pursuant to this Ordinance. a person may be authorized to <br /> place or to maintain small wireless facilities. micro wireless facilities, or utility poles <br /> for collocation of small wireless facilities in the City's public rights-of-way. <br /> Wireless support structures. telecommunications towers and other wireless facilities. <br /> including but not limited to an antenna that is not part of a small wireless facility or <br /> 17 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />