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is--:"4,...\ City Commission <br /> _00NY City of Sunny Isles Beach� George`Bud"Scholl, <br /> Mayor <br /> /° F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor <br /> � - Isaac Aelion.Commissioner <br /> ( n Sunny Isles Beach, Florida 33160 <br /> u _ . �y_*, _ Jeanette Gatto,Commissioner <br /> ** .= (305) 947-0606 City Hall Larisa Svechin,Commissioner <br /> } _� (305)949-3 113 Fax <br /> " _-. P* Christopher J.Russo,Cite'Manager <br /> ye 99); o�‘o SSP (305)947-2150 Budding Department <br /> cir 40 (305)947-5107 Fax Hans Ottinot,City Attorney <br /> ' OF suck " Mauricto Betancur,CMC,City Clerk <br /> • <br /> MEMORANDUM <br /> TO: The Honorable Mayor and City Commission <br /> FROM: Hans Ottinot, City Attorney II <br /> t <br /> ''II <br /> DATE: September 20, 2018 <br /> RE: Proposed Communications Ordinance to Regulate Communications Facilities in the <br /> Public Rights-of-Way. <br /> RECOMMENDATION: <br /> This Ordinance is presented for your consideration and approval. <br /> REASONS: <br /> In 2017, the Florida Legislature enacted the Advanced Wireless Infrastructure Deployment Act (the <br /> "Act"), codified in Subsection 337.401(7), Florida Statutes. The Act sets forth a process for <br /> wireless providers and infrastructure providers to gain access to public rights-of-way for wireless <br /> facilities. As a result of the Act, the City Commission adopted a moratorium to prevent the <br /> placement of wireless facilities within the City's public rights-of-way until the City is able to adopt <br /> regulations consistent with the Act. The moratorium has expired and numerous wireless facilities <br /> companies intend to submit applications to place wireless facilities within the City's rights-of-way. <br /> To protect the City's substantial financial investment to underground all utility wires throughout the <br /> City, the proposed Ordinance creates the Communications Rights-of-Way Ordinance, which <br /> implements the Act, and creates requirements for all communications facilities in the public rights- <br /> of-way to be underground if such underground facilities are available. <br /> In summary, the proposed Ordinance amends two Articles in the existing Chapter 129 of the City <br /> Code. Specifically, Chapter 129, Art. III (Communications Rights of Way Ordinance) is revised <br /> and Chapter 129, Article II, Sections 129-20 — 129-61(Telecommunications Ordinance) is repealed <br /> in its entirety. Moreover, the proposed Ordinance provides requirements for all communications <br /> facilities -- fiber, cable, wireless, poles and equipment cabinets -- for access to the City rights-of- <br /> way. <br /> • <br /> Page 1 of 2 <br />