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registrant fails to provide the requested documentation within thirty (30) days, a <br /> rebuttable presumption shall exist that the provider or registrant has abandoned the <br /> communications facility. Any small wireless facility, micro wireless facility, utility <br /> pole for collocation of a small wireless facility, or other communications facility <br /> installed within the public rights-of-way that is abandoned shall be removed by the <br /> registrant or communications services provider at its expense within thirty (30) days <br /> of receipt of notice from the City. Failure to remove an abandoned facility within <br /> the thirty (30) days' period shall be deemed to be the registrant's or communications <br /> provider's consent for the City to remove the facility at the registrant's or provider's <br /> expense or for the City to allow another person to remove the facility at the <br /> registrant's or provider's expense. The communications services provider or <br /> registrant shall be responsible for all damage to the public rights-of-way and any <br /> facilities or utilities damaged as a result of such removal, and shall restore the public <br /> rights-of-way as required in this subjection. <br /> (x) If there are two (2) or more users of a single facility, then this provision shall not <br /> become effective until all users cease using the facility. Notwithstanding the <br /> foregoing. if the facility is attached to an existing structure that has an independent <br /> function such as a light pole, intersection signal, pedestrian signal. utility pole or the <br /> like, said abandonment of the facility requires removal of the facility only and does <br /> not require the removal of the existing structure. <br /> Sec. 129-70. — Conditional use of public rights of way.Development And Objective Design <br /> Standards. <br /> -- - _ rant 4ire . ' - • •- erte-eenstruct new <br /> facilities for the purpose of providing other utility or nonutility services to existing or <br /> provision of communications services or for providing any other use to existing or <br /> potential consumers, a registrant shall seek such additional and separate <br /> authorization from City for such activities as may be required by applicable law. <br /> - • B. To the extent that a registrant leases or otherwise uses the facilities of a person that is <br /> duly registered or otherwise authorized to place or maintain facilities in the public <br /> rights of way of the City, registrant shall make no claim, nor assert any right which <br /> will impede the lawful exercise of the City's rights, including requiring the removal <br /> of such facilities from the public rights of way of the City, regardless of the effect on <br /> registrant's ability to place or maintain its own communications facilities in public <br /> rights of way of the City. <br /> Terms and conditions for collocation on City utility poles. <br /> (1) The City shall not enter into an exclusive arrangement with any person for <br /> the right to attach equipment to City utility poles. The City reserves the right <br /> to enter into agreements for collocation on City utility poles in its discretion. <br /> A person shall not use City-owned fiber. conduit. or other City property <br /> without an agreement approved by the City. <br /> 58 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />