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micro wireless facility, shall not be allowed to be placed or maintained in the public <br /> rights-of-way. to the extent not inconsistent with applicable law. This Ordinance <br /> applies to the placement of conduit, fiber or cable for the purpose of providing <br /> backhaul or communications service. Consistent with Section 337.401. Florida <br /> Statutes, this Ordinance applies to a cable or video service provider that has been <br /> issued and holds a certificate of franchise authority from the Florida Department of <br /> State pursuant to Chapter 610, Florida Statutes that places or maintains a cable system <br /> or wireline facilities in the City's public rights-of-way. This Ordinance shall not apply <br /> to wireless or communications facilities owned by the City. and shall not apply to <br /> communications or wireless facilities owned by a person, including an electric <br /> cooperative. to the extent such facilities are utilized on an internal. non-commercial <br /> basis by said person. This Ordinance does not apply to the placement of electric <br /> utility poles for an electric distribution system located within the City public rights- <br /> of-way pursuant to a valid franchise agreement with the City. However. collocation <br /> of small wireless facilities on such utility poles and any other utility poles placed or <br /> maintained by a City franchised utility in the public rights-of-way will be governed <br /> by the applicable provisions of this Ordinance. Ordinances approving a franchise <br /> agreement with an electric utility shall remain in full force and effect. <br /> notwithstanding any provision of this Ordinance. <br /> b. This Ordinance implements inter alia. the Advanced Wireless Infrastructure <br /> Deployment Act, Section 337.401(7), F.S. ("Wireless Act"). By adopting this <br /> Ordinance. the City does not waive any rights with respect to the Wireless Act <br /> including any rights that may exist under federal law, the Florida Constitution and <br /> d <br /> the U.S. Constitution. In the event the Wireless Act, Section 337.401(7), F.S., is <br /> repealed, amended, or overturned by a court of competent jurisdiction, or preempted <br /> by applicable federal law or regulation. in whole or in part. provisions of this <br /> Ordinance may no longer apply. in which case pending and future applications for <br /> small wireless facilities or utility poles intended to support the collocation of small <br /> wireless facilities in the public rights-of-way. will be governed by applicable law. In <br /> addition, permits issued pursuant to this Ordinance may be suspended or revoked, <br /> and facilities installed pursuant to this Ordinance or the Wireless Act may be <br /> required to be removed at the facility owner's expense, to the extent consistent with <br /> applicable law. It is the City's intent not to create any vested rights in placing and <br /> maintaining facilities addressed in the Wireless Act in the public rights-of-way as a <br /> result of this Ordinance or any permit issued pursuant to this Ordinance. to the extent <br /> not inconsistent with applicable law. <br /> c. To the extent any provision of this Ordinance conflicts with the Code of Ordinances. <br /> this Ordinance shall control. <br /> d. This Ordinance shall be applicable to all communications facilities placed in the <br /> public rights-of-way on or after the effective date of this Ordinance, all pending <br /> applications for permits subject to this Ordinance. and shall apply to all existing <br /> communications facilities placed in the public rights-of-way prior to the effective <br /> date of this Ordinance, to the full extent permitted by state and federal law. A person <br /> with existing communications facilities in the public rights-of-way shall comply with <br /> 18 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />