HomeMy WebLinkAboutOrdinance 2000-91
ORDINANCE NO. 2000-.:tL
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, REGULATING
TELECOMMUNICATIONS COMPANIES' USE OF THE PUBLIC
RIGHTS-OF-WAY; REQUIRING A LICENSE AND LICENSE FEES;
PROVIDING FOR TERM OF LICENSE, TRANSFERS, RENEWALS,
AUDITS AND REPORTS; PROVIDING SAFETY AND
CONSTRUCTION STANDARDS; REQUIRING INSURANCE,
BONDING AND INDEMNIFICATION; PROVIDING
TERMINATION; PROVIDING CONSUMER PROTECTION;
PROVIDING ENFORCEMENT REMEDIES AND APPEALS;
AMENDING CHAPTER 8CC-I0 OF THE CODE OF MIAMI-DADE
COUNTY PROVIDING FOR CIVIL PENAL TIES; PROVIDING
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
AND AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") has and reserves the right to
exercise municipal police powers over the use of its highways, streets, alleys, rights-of-way
and public places and to receive a reasonable and non-discriminatory. for the use of all
rights of way; and
WHEREAS, the City's rights-of-way are critical to the travel of persons and the
transport of goods and other tangibles in the business and social life of the community by all
citizens and are used by the City to provide critical services to its citizens, including electrical
services, services to protect public safety and water and other public utilities; and
WHEREAS, the City is authorized by federal and state law to control the use of public
rights-of-way, and to franchise operations of telecommunications systems, open video systems
and cable systems which use such rights-of-way; and
WHEREAS, the City's rights-of-way are a unique and physically limited resource so
that proper management by the City is necessary to maximize the efficiency and to minimize
the costs of the taxpayers of the foregoing uses, to protect against foreclosure of future
economic expansion because of premature exhaustion of the public rights-of way as an
economic resource and to minimize the inconvenience to and negative effects upon the public
from such facilities' construction, emplacement, relocation and maintenance in the rights-of-
way; and
WHEREAS, the City desires to ensure the aforesaid rights-of-way used are utilized
and promptly restored to a safe and secure condition to protect the health, safety and welfare of
the citizens; and
WHEREAS, the right to place facilities and fixtures in such rights-of-way for the
business of providing telecommunications services for hire, cable services or open video
services is a valuable economic right to use a unique public resource that has been acquired and
is maintained at great expense to the City and its taxpayers, the economic benefit of which
should be shared with the taxpayers of the City; and
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WHEREAS, it is the intent of the City in the adoption of this Ordinance to allow the
use of appropriate rights-of-way in the City to provide telecommunications services within and
without the City, and under its police powers to regulate the use of such rights-of-way by
providers, and to charge such providers reasonable and non-discriminatory. for the use of
such rights-of-way and to provide for licenses, terms of licenses, consumer protection and
enforcement remedies for the citizens of the City of Sunny Isles Beach;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Short Title. This Ordinance shall be known as the "Telecommunications
Right of Way" ordinance.
Sec. 1.
(a)
(b)
(c)
(d)
(e)
ARTICLE II
Definitions.
"Director" shall be the Director of Public Works or his or
her designee.
"Gross Receipts" shall mean all revenues received by the
Licensee on recurring local service revenues for services
provided within the incorporated limits of Sunny Isles
Beach.
"Municipal Right-of Way Use License" means the right
granted by the City to use public rights-of-way to provide
telecommunications services, within the City to the public or
to other providers, as specified by the terms of this section.
"Public Rights-of Way" shall mean public streets, rights-of-
way and public easements including the area on, over, or
under the surface in the unincorporated areas and the public
streets, rights-of-way and easements for which Sunny Isles
Beach Public Works Department has primary jurisdiction for
issuing permits.
"Telecommunications Company, Carrier, or Provider"
includes every corporation, partnership, person, trustees, or
receivers appointed by any court whatsoever, and every
political subdivision in the state, offering two-way
telecommunications service to the public for hire within this
state by the use of a telecommunications facility. The term
"telecommunications company" does not include an entity
which provides a telecommunications facility exclusively to
a certificated telecommunications company, a commercial
mobile radio service provider, a facsimile transmission
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(f)
(g)
Sec. 2.
servIce, a private computer data network company not
offering service to the public for hire, a cable television
company providing cable service as defined in 47 U.S.c.
522, or an open video system as defined in 47 C. F. R., Part
76 as amended from time to time.
"Telecommunications Services" includes all
telecommunication related services by a
Telecommunications Company including, but not limited to,
local telephone service, private communications service,
local exchange telephone service, inter-exchange carriers,
international telecommunications carriers, toll telephone
service, alternate access vendor and all other providers of
basic local telecommunications services, non-basic
telecommunications servIces and all other
telecommunications services including all
telecommunications services authorized by the Florida
Public Service Commission.
"Telecommunications System" means a system utilized by a
Telecommunications Company to provide
Telecommunications Services.
Intent and purposes.
The purpose of this Ordinance is to establish a competitively neutral policy for
usage of public rights-of-way for the provision of telecommunications services and enable
the City to:
(a) Permit non-discriminatory access to the public right-of-way for providers of
telecommunications services; and
(b) Manager the public rights-of-way in order to minimize the impact and cost
to the citizens of the placement of telecommunications facilities within the
rights-of-way; and
(c) Obtain fair and reasonable compensation as allowed by state and/or federal
law for the commercial use of public rights-of-way in a non-discriminatory
manner; and
(d) Promote competition among telecommunications service providers and
encourage the universal availability of advanced telecommunications
services to all residents and businesses of the City; and
(e) Minimize the congestion, inconvenience, visual impact, and other adverse
effects on the City's public rights-of-way.
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Sec. 3.
Applicable Scope.
This section applies to all telecommunications service providers under Title n of
the Communications Act of 1934, as amended (47 U.S.c. 201 et seq.) excluding services
provided solely by means of wireless transmission which do not use the public rights-of-
way. This section does not exempt providers of open video systems service from the
requirements of Title VI and applicable FCC rules and regulations.
Sec. 4.
(a)
Sec. 5.
Municipal Ri2ht-of-Wav Use License Required
It shall by unlawful for any person to construct or operate a
telecommunications system upon, along, under or over the public rights-of-
way of the City without having first obtained permission from the City
pursuant to this Ordinance or such other Ordinance of the City as may be
applicable.
(b)
Subject to all existing permitting processes, the Licensee is authorized to
occupy, install, lay, erect, construct, remove, relocate and maintain in, on,
over or upon any and all of the public right-of-ways, as they now exist or
may be hereafter constructed, opened, laid out or extended within the
present limits of the City any and all such conduits, cables, fiber optic lines,
poles, wires, supports and other structures and appurtenances as may be
reasonably necessary for the construction, maintenance and operation of a
Telecommunications System. Except as provided above, this License does
not convey the right to attach cable or conduit to poles, or occupy or use real
or personal property owned by the City of Sunny Isles Beach.
(c)
Any License granted under this ordinance shall be non-exclusive, and the
issuance of a License will not expressly or implicitly preclude the City from
issuance of other licenses to Telecommunications Companies or affect the
City's right to authorize use of public rights-of-way for other lawful
purposes to other persons as it determines appropriate.
(d)
This License authorizes the Licensee to use the public rights-of-way to
provide Telecommunications Services only. Use of the public rights-of-way
for any other purpose requires separate authorization.
(e)
This License shall not apply to the use of any public property that does not
act as rights-of-ways. Such property shall not fall within the purview of this
Ordinance.
Municipal Ri2ht-of-Way Use License Application. Information
Required in Issuance.
Any person desiring to install and/or operate a telecommunications system by using
public rights-of-way in the City shall submit an application to the Director in accordance
with this Ordinance. The application shall be in a form to be prescribed by the Director
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and the City Manager, shall describe the services the applicant wishes to rovide, outline
applicant's ro osed network
All applications to construct
operate or maintain any telecommunications services system in the City or to traverse any
portion of the City for the transmitting or conveying of such service elsewhere shall be
filed with the City. To be acceptable for filing, an original and two (2) copies of the
application must be submitted and be accompanied by an application filing fee of $2500.
In addition, the City may charge a supplementary application fee to reimburse the City for
any external costs it incurs in the course of receiving and rendering a decision on the
application. Each application for registration, renewal registration and duplicate
registration shall be on a form prescribed by the City and shall be accompanied by such a
fee in an amount that is established by administrative order of the City Manager. The fee
shall not exceed a reasonable amount to cover the administrative costs to process such
application. Said fee and application form shall be effective upon approval by the City
Commission and is attached to this Ordinance as Exhibit "A".
Sec. 6.
(a)
(b)
Sec. 7 .
Term and Limited Rie:ht to Renewal.
No License, including a renewal License, shall be issued for a term longer
than seven (7) years.
A Licensee shall have a right to renew provided: (1) Licensee is authorized
by the controlling regulatory authority to provide Telecommunications
Services in the City of Sunny Isles Beach and (2) Licensee has complied
with all material provisions of the License. A material breach shall not be
the basis for a refusal to renew unless the Licensee has been provided sixty
days written notice and opportunity to cure and has failed to do so, and the
material breach presents a clear and present danger to the public or other
users of the public rights-of-way or significantly impairs the City's ability
to manage the public rights-of-way for the safety, health and welfare of the
general public or other users of the public rights-of-way. Modifications to
the License including new terms, provisions, or conditions as allowed by
the prevailing law at the time of renewal may also be required by the City
upon renewal. A License may be renewed for additional successive periods
not to exceed seven (7) years.
License Fees.
(a)
The Licensee shall pay to the City compensation for the use of the public
rights-of-way granted pursuant to this license a license fee:
(1) For telecommunications companies providing
recurring local service one percent (1 %) of its Gross
Receipts.
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(2) For telecommunications companies providing only
toll telephone service 12.5~ quarterly per linear foot
of metallic cable, fiber optic cable, or other pathway
that makes physical use of the right-of-way.
(3) For telecommunications companies that provide
neither recurring local service or toll telephone
service 12.5~ quarterly per linear foot of metallic
cable, fiber optic cable, or other pathway that makes
physical use ofthe right-of-way.
(b) The license fee shall be due quarterly based upon the Licensee's preceding
quarter. The quarterly fees shall be submitted according to the following
schedule: January-March fees due May 10th; April-June fees due August
10th; July-September fees due November 10th; October-December fees due
February 10th of each year. Where authorized by statute, fees paid under
may be paid on an annual basis in which event the
fees shall be due no later than February 10th of each year. Accompanying
each payment of license fees, the Licensee shall file a report, on a form
provided by the Director, of its calculation of the license fee payment,
setting forth how the fees were calculated.
(c) Nothing herein will prohibit the City from accepting in-kind payments of
equipment, appurtenances or services in lieu of cash payments.
(d) The City shall be authorized to unilaterally amend this Article and increase
the license fee to the maximum license fee authorized by law.
( e) If the license fee is not received by the City within such period, the Licensee
shall pay interest on any such unpaid portion thereof at the rate of twelve
(12%) per year, from the day payment is due until the date of payment to
the City. The Licensee shall reimburse the City for attorney's fees in an
amount set by the Court in any judicial proceedings to collect these fees
provided the amount collected exceeds the amount paid by 5%.
(t) The license fee shall constitute minimum . due from each
telecommunications company occupying the right-of-way. The sums of
money to be paid by the Licensee to the City under this Section are
compensation and consideration for the use by the Licensee of City streets
and other ways for the construction, maintenance and occupation of the
System and are not taxes, as allowed by the Florida Constitution, the
general or special laws of the State of Florida or any other ordinances of the
City. Payment of this license fee shall not exempt the Licensee from the
payment of any other license fee, permit fee, tax or charge on the business,
occupation, property, activity, or income of the Licensee that may be
imposed by Local, State, or Federal law, to the extent allowed by State law.
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Sec. 8. .
Audits: Inspection of Records.
All amounts paid under this section shall be subject to audit and re-computation by
the City. Upon reasonable notice, the Licensee shall make available to the City once per
year, during normal business hours and at the licensee's local office, the books, records
and accounts and other documentation of the Licensee (hereinafter collectively referred to
as the "Reports") that are necessary to determine the accuracy of the calculations upon
which the license fee payment is based. The Licensee shall maintain its records in such a
manner as to clearly distinguish between revenues and/or linear foot calculations derived
from operations in Miami-Dade County and such revenues and/or linear foot calculations
derived from operations in the City of Sunny Isles Beach. The City may waive this
requirement with any particular licensee if an agreement is reached that other methods will
be utilized such as audit sampling techniques which can clearly isolate revenues and/or
linear foot calculations to which the City is entitled. In the event the Reports are not made
available within the City, the Licensee shall reimburse the City for the reasonable travel
expense of the City's representative resulting from said representative's travel to the
location where the Reports are maintained. The City shall maintain all books, records,
accounts and other documentation of Licensee in strictest confidence to the extent allowed
under the Public Records Act and other applicable Florida laws.
Sec. 9.
Annual Reports.
Within three (3) months of the close of its fiscal year, the Licensee shall file an
annual report to the Director that includes the following information:
Sec. 10.
(a)
A report that details the data used to calculate the license fees which shall be
of sufficient scope to allow independent ascertainment of the Licensee's
compliance with the license fee requirements of this chapter. The
underlying data in such reports shall be prepared in accordance with
Generally Accepted Accounting Principles (GAAP).
(b)
The full legal name of the Licensee as of that date.
(c)
On a street map provided by City, Licensee shall indicate the routes of its
system built after the effective date of this Ordinance.
License Application Procedure: Information Required.
(a)
To obtain a license under this Article a person shall apply to the
Director. To be acceptable for filing, an original and two (2) copies
of the application must be submitted and be accompanied by the
application filing fee where required.
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(b) Each application for an initial License shall set forth the following:
(1) The name, address and telephone number of the
applicant.
(2) A statement of the corporate or other business
organization of the applicant, and the names, business
addresses, and telephone numbers of contact persons
who are authorized to represent the licensee during
the application process and the name, business
address, and telephone number of the primary contact
person during the term of the license.
(3) Identification of the applicant's fiscal year calendar.
(4) A description of the general nature and size of the
proposed telecommunication system's plant and
equipment that licensee intends to have occupy the
public rights-of-way, including a list with
descriptions of the appurtenances such as manholes,
pedestals, handholes, controlled environmental
vaults, etc.
(5) A copy of Federal and/or State certification
authorizing the applicant to provide
telecommunications services.
(6) A copy of any administrative or legal decision in
which the licensee was determined to have violated a
law or regula~..e.rnin.g the ..use of the public
rights-of-way_.
(c)
Within thirty (30) calendar days after the awarding of the License, the
Licensee shall file with the Director its written acceptance of the License,
together with the insurance policy and bonding documents required by this
ordinance, and its agreement to be bound by and to comply with all
requirements pursuant to the provisions of this ordinance and the License.
Sec. 11.
Application Fee.
Each application for registration, renewal registration, and duplicate registration
shall be on a form prescribed by the Director and shall be accompanied by a fee in such
amount as shall be established by administrative order of the City Manager. The fee shall
not exceed the reasonable amount to cover the administrative cost to process such
application. Said fee shall be effective upon approval by the Commission.
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Sec. 12.
Issuance of License.
The Director has the authority to and shall grant a license to a applicant who files a
completed application, complies with the application requirements herein, and pays the
required application fee; provided however, the Director shall have the authority to deny a
license if the applicant fails to meet the application requirements or the proposed use of the
public rights-of-way presents a danger to the general public and other users of the public
rights-of-way.
Sec. 13.
Transfers.
Licensee shall have no right to assign a License in whole or in part without the prior
written consent of the City, which shall not be unreasonably withheld or delayed. Any
attempt by Licensee to assign a License without such consent shall be null and void.
Consent shall be deemed granted within 90 days of the request unless the City finds the
proposed assignee or transferee
Notwithstanding the foregoing, Licensee may assign the
License without City consent to an affiliate or entity which is controlled by or under
common control with Licensee, provided that such assignee agrees in writing to be bound
by the terms and conditions of this Section and the License.
Sec. 14.
Use of County Public Ri2hts-of-Way; Construction Requirements;
Alteration of the System; Access bv City.
Subject to all applicable provisions of the City, County and State, the Licensee may
perform all necessary work to construct, occupy and maintain its Telecommunications
System. The Licensee must comply at all times with all policies, procedures and directives
of the Public Works Department, the Planning, Zoning and the Building Departments.
Prior to the installation, placement or removal of any conduits, cables or pole lines,
facilities, or the start of any other type of construction on the City's public rights-of-way,
the Licensee shall, pursuant to the requirements of existing or subsequently enacted City
ordinances, obtain all permits from, and pay all fees to, the Public Works Department, the
Planning and Zoning Department and the Building Department. The issuance of a permit
by the City shall not be construed by the Licensee as a warranty that the placement by the
Licensee of its conduits, cables or pole lines, facilities, or the start of construction, is in
compliance with any applicable rules, regulations or laws. All construction and
maintenance of the Licensee's facilities within City public rights-of-way incident to
Licensee's provision of service shall, regardless of who performs installation and/or
construction, be and remain the responsibility of the Licensee.
Sect 5.
Ri2ht to use Easement and Streets Not Warranted.
It is understood that there may be from time to time within the City various public
rights-of-way which the City does not have the unqualified right to authorize Licensee to
use; therefore, in granting this License, the City does not warrant or represent as to any
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particular easement, right-of-way, or portion of a right-of-way or easement, that it has the
right to authorize the Licensee to install or maintain portions of its system therein.
Sec. 16.
Other Ae:reements. Permits and Easements Requirements.
Nothing in this Article or License shall be construed to require the City to assume
any responsibility for the securing of any right-of-way, easements, or other rights, which
may be required by the Licensee for the installation of its Telecommunications System, nor
shall the City be responsible for securing any permits or agreements with other persons or
utilities.
Sec. 17.
No Property Rie:hts Conveyed.
Nothing in this Article or in the License shall grant to the License holder any right
of property in City-owned property or public rights-of-way, nor shall the City be
compelled to maintain any of its property or public rights-of-way any longer than, or in any
other fashion than in the City's judgment, its own business or needs may require.
Sec. 18.
Location/Relocation of Facilities.
(a)
Unless controlling law provides otherwise, the Licensee's system shall be
installed underground in areas where existing power or telephone facilities
are underground. If both power and telephone facilities are installed above
ground, the Licensee may install its facilities underground or above ground,
at its discretion.
(b)
Licensee shall not place any fixtures or equipment where the same will
interfere with any existing gas, electric, CATV, telephone, sewer, drainage,
or water lines, fixtures or equipment. The Licensee shall locate its lines and
equipment in such a manner as not to interfere unnecessarily with the usual
travel on streets; with the installation or operation of gas, electric, CATV,
telephone, water, drainage, or sewer line equipment, or with the rights of
owners of property which abuts any public right-of-way.
(c)
Unless controlling law provides otherwise, Licensees shall relocate any
above ground portion of their systems underground in any easement or
right-of-way area where existing power or telephone facilities are hereafter
so relocated. Any such relocation shall be at the Licensee's expense, and
such relocation shall be accomplished concurrently with relocation of any
such power and telephone facilities.
(d)
The Licensee shall have the authority to trim trees upon or overhanging
streets, alleys, sidewalks and public ways and places of the City so as to
prevent the branches of such trees from coming in contact with the wires
and cables of the Licensee, in a manner approved by and acceptable to the
City. When the City determines such trimming is necessary to protect the
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(e)
Sec. 19.
health safety and welfare of the public, such trimming may be done by it or
under its supervision and direction at the expense of the Licensee, if prior
notification has been given to the Licensee and Licensee thereafter failed to
respond.
Licensee shall promptly and at the Licensee's own expense protect, support,
temporarily disconnect, remove, modify or relocate any part of their system
when required by the City by reason of traffic conditions, public safety, road
construction, change of street grade, installation of sewers, drains, water
pipes, power lines, signal devices, tracks, any other type of City
improvement project, or to accommodate the abandonment of any street.
Such work shall be completed no later than 30 days after receiving notice
from the City or such longer period as may be agreed to by the City. In the
event such contingency occurs, and the Licensee fails to remove or modify
its system, the City may, upon notice to Licensee, make the necessary
removals and charge the Licensee for the cost. Nothing in this Section shall
be construed to waive any rights the Licensee may have under state or
federal law to be reimbursed for relocation expenses.
(f)
Each Licensee shall, on the request of any person holding a building moving
permit issued by the City, temporarily remove, raise or lower its wires to
permit the moving of buildings. The expense of such temporary removal or
raising or lowering of wires shall be paid by the person requesting same,
and the Licensee shall have the authority to require such payment in
advance. Licensee shall be given not less than seven (7) days advance
notice to arrange for such temporary wire change
(g)
When placed underground, all service lines, drops, or laterals that connect
the end user customer to the Licensee's distribution system shall be buried
as follows: (a) on easements and public rights-of-way at the depth as
established by the Public Works manual or regulations; and (b) on private
property at a sufficient depth so that no portion of the line is exposed. The
Director may impose a specific depth requirement for such lines on private
property.
(h)
Except for relocation expenses when authorized by state or federal law, the
License holder shall not be entitled to any compensation for damages from
the City as a result of having to remove or relocate its property, lines and
cable from such public property or public rights-of-way in the event the City
determines that a necessity exists for such removal or relocation.
Work in the Public Rie:hts-of-Way and Easements.
(a)
A Licensee must obtain any required permits before performing any work
that disturbs or impacts the public rights-of-way, except in emergencies in
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Sec. 20.
(a)
(b)
which case Licensee can obtain permits after the emergency work is
completed. Licensee must restore the public rights-of-way to their former
condition in a manner approved by the City. If such restoration is not
satisfactorily performed within a reasonable time, the City, after prior notice
to the Licensee, may cause the repairs to be made at the expense of the
Licensee. All additional or reoccurring repairs required as a result of the
Licensee's work may also be made by the City or its agents at the expense of
the Licensee if Licensee fails to perform such repairs.
(b)
All personnel utilized by the Licensee in the construction of the Licensee's
system shall possess identification providing the individual's name, their
employer's name, and the Licensee's name and telephone number.
(c)
The Licensee shall join and maintain a continuous membership in a utility
notification one-call system and use its services prior to construction.
(d)
Only licensed, certified or registered contractors duly authorized to perform
such work in the City may be utilized for construction.
(e)
, Licensee shall furnish the
Director of Public Works and the City Manager with construction plans and
maps showing the routing of construction at least 45 days before beginning
. construction that involves an alteration to the surface or subsurface of
the public right-of-way . A Licensee may
not begin construction until plans and drawings have been approved in
writing by the Director of Public Works and a permit is issued.
Safety .
Licensee's work performance, equipment, and job sites shall be in
compliance with all applicable City, County, State and Federal requirements
and shall conform to the provisions of the public works manual. A
Licensee's work, while in progress, shall be properly protected at all times
with suitable barricades, flags, lights, flares or other devices as are required
by the Manual on Uniform Traffic Control Devices (FDOT) and/or any
requirements of the Public Works Department to protect all members of the
public having occasion to use the portion of the streets involved or adjacent
property.
The Licensee shall at all times employ due care and shall install, maintain
and use commonly accepted methods and devices for preventing failures
and accidents which are likely to cause damage, injuries or nuisances to the
public. All of Licensee's structures and all lines, equipment and connection
in, over, under and upon the public rights-of-way of the City wherever
situated or located shall at all times be kept and maintained in a safe,
suitable, substantial condition, and in good order and repair.
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(c)
Sec. 21.
In the case of conflict or interference between facilities of different
Licensees, the Licensee whose facilities were first permitted shall have
priority over competing licensee use of the public rights-of-way. The
resolution of any conflict or interference shall be made in a manner, which
is consistent with the non-discrimination provisions of the Federal
Telecommunications Act of 1996.
City's Ri2ht to Inspect.
The City shall have the right to inspect the Licensee's system located in the public
rights-of-way and its installation, construction, and maintenance to insure compliance with
the terms ofthis License and other pertinent provisions ofthe law.
Sec. 22.
Unauthorized Work.
Any conduits, cables or pole lines installed or placed without first having obtained
the permits herein before provided for shall be removed within ten (10) days following
written notice by the City. Failure to comply following written notice may result in the
removal of the conduits, cables or poles by order of the Public Works Department and the
cost of removal shall. be borne and paid by the Licensee. When permits are required, all
work done without permits will cease until all permits are pulled and fees paid.
Sec. 23.
Protection of City Property.
The Licensee shall not in any way displace, damage or destroy any sewer, water
main, pipe or any other facilities belonging to the City without the consent of the City; and
the Licensee shall be liable to the City for the cost of any repairs made necessary by any
such displacement, damage or destruction and shall pay such costs upon demand.
Sec. 24.
Electrical Standards. As Built Plans.
All facilities shall be constructed and maintained in accordance with the National
Electrical Code and the National Electrical Safety Code in force at the time of the effective
date of this article and as amended.
The Licensee shall produce and provide a complete set of "As Built" plans
including, but not limited to, horizontal and typical vertical profiles within sixty (60) days
after construction of any portion of the system, to the City Manager with copies to the
Public Works Department.
Sec. 25.
Emer2encv.
In an emergency that affects the public safety, as determined by the City, when the
Licensee or its representative is immediately unavailable or unable to provide the
necessary immediate repairs to any portion of the public rights-of-way that is damaged due
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to any faults or settled or sunken areas that may develop in any area over, around or
adjacent to same, the City, when apprised of such an emergency, shall have the right to
make the repairs with the total cost of same being charged to the Licensee.
Sec. 26.
Service to the City.
If controlling law changes to require the Licensee, or to authorize the City to require
the Licensee, to provide telecommunications services or facilities to schools, hospitals,
government or other public facilities, the City reserves the right to require such service or
facilities.
Sec. 27.
(a)
Insurance.
The Licensee shall provide, pay for and maintain, throughout the term of its
License, and with companies satisfactory to the City, the types of insurance
described herein. All insurance shall be from responsible companies duly
authorized to do business in the State of Florida and having a financial
rating in Best's Insurance Guide of AX or better. The insurance coverage
obtained by the Licensee shall be approved by the City Manager. All
liability policies shall provide that the City is an additional insured as to the
operations under this License and shall provide the severability of interest
provision. The required coverages must be evidenced by properly executed
Certificates of Insurance. The Certificates must be manually signed by the
authorized representative of the insurance Licensee. Thirty (30) days
advance written notice by registered or certified mail must be given to the
City of any cancellation, intent not to renew or reduction in the policy
coverages, which notice shall be sent by registered mail to the Consumer
Services Department. Companies issuing the insurance policies shall have
no recourse against the City for payment of any premiums or assessments,
and same shall be the sole responsibility of the Licensee.
(b)
The limits of coverage of insurance required shall be not less than the
following:
(1) Worker's Compensation and Employer's Liability Insurance
within statutory limits and employer's liability insurance with
limits of not less than $500,000. This coverage must be
evidence by a Certificate of Insurance that requires at least 30
days advance written notice of cancellation, non-renewal or
material change to the City Manager.
(2) Comprehensive General Liability Bodily injury and property
damage $1,000,000 combined single limit each occurrence.
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(c)
(d)
Sec. 28.
(3) Automobile Liability Bodily injury and property damage
$1,000,000 combined single limit each accident covering all
owned, non-owned, and hired vehicles.
Upon thirty (30) days notice, the insurance coverage and policy
requirements may be changed and increased from time to time at the
discretion of the City Commission to reflect changing liability exposure and
limits.
These insurance requirements may be met by evidence of participation of a
bona-fide captive insurance or self insurance program that is established
and regulated by a governmental entity.
(e)
The City may, at its option, increase or decrease policy limits set forth
above, upon 60 days written notice to the Licensee. Within 60 days from
receipt of notice to increase its policy limits, the Licensee shall submit to
the City proof of increased coverage.
Faithful Performance and Payment Bond.
The Licensee shall within thirty days of the effective date of a License granted
under this ordinance, furnish to the Consumer Services Department a performance bond or
an irrevocable letter of credit issued by a Florida bank or a federally insured lending
institution in the amount of one hundred thousand dollars ($100,000). Such bond shall be
maintained by the Licensee throughout the term of the License. The Licensee shall pay all
premiums and keep the bond in full effect and force at all times throughout the term of the
License, including, if necessary, the time required for removal of all the Licensees' system
installed in the City's streets, and for one year after the License expires or is terminated.
The bond shall contain a provision that it shall not be terminated or otherwise allowed to
expire without 30 days prior written notice first being given to the Director and the Risk
Manager. The performance bond or letter of credit shall be used to guarantee the
compliance with performance requirements and payment of all sums which may become
due to the City under this chapter. The Licensee shall maintain a copy of the bond on file
with the City along with written evidence of the required premiums.
Sec. 29.
(a)
Indemnification.
The Licensee shall indemnify and hold the City and its officers, directors,
agents, servants, employees, successors, and assigns harmless of and from
any and all claims for personal injury, death or property damage, any other
losses, damages, charges or expenses, including attorneys, fees, witness
fees, court costs and the reasonable value of any services rendered by any
officer or employee of the City, and any orders, judgments or decrees which
may be entered which arise or are alleged to have arisen out of, in
connection with or attributable to, the Licensee's maintenance, occupation,
placement, repair, relocation or removal by the Licensee of any portion of
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(b)
Sec. 30.
the telecommunications system, excepting only those claims resulting from
the negligence of the City. The Licensee shall undertake at its own expense
the defense of any action which may be brought against the City for
damages, injunctive relief or for any other cause of action arising or alleged
to have arisen out of, in connection with or attributable to, the foregoing
and, in the event any final judgment therein should be rendered against the
City resulting from the foregoing, the Licensee shall promptly pay the final
judgment together with all costs relating thereto; the Licensee being
allowed, however, an appeal or appeals to the appropriate court or courts
from the judgment rendered in any such suit or action upon the filing of
such supersedes bond to the extent required to prevent levy or judgment
against the City during such appeal or appeals.
Nothing in this Section shall prohibit the City from participating in the
defense of any litigation with its own counsel and obtaining indemnification
of the reasonable costs associated therewith upon a court order awarding
such costs.
(c)
The City Manager shall give prompt, written notice to the Licensee of any
claim for which the City seeks indemnification. The Licensee shall have the
right to investigate, defend and compromise these claims subject to prior
City approval. Failure of the City to provide written notice shall not waive
the requirement of subsection (a) hereinabove.
Construction Bond.
(a)
Prior to the commencement of any construction or other significant work in
the public rights-of-way, licensee shall furnish a construction bond in favor
of the City in an amount equal to the proposed wlae . of the work. No
work shall commence until a construction bond is furnished to the City. The
construction bond shall not be released until the rights-of-way have been
restored and inspected pursuant to the specifications provided in this section.
(b)
The construction bond shall serve as security for:
(1) The faithful performance by the licensee or permittee
of all terms, conditions and obligations, including restoration
of the rights-of-way, of the license agreement and this
section.
(2) Any expenditure, damage or loss incurred by the City
occasioned by the licensee's or permittee's violation of this
section, or its failure to comply with all rules, regulations,
orders, permits and other directives of the City issued
pursuant to this section.
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(3) Payment of all compensation due to the City,
including permit fees.
(4) The payment of premiums for the liability insurance
required pursuant to this section.
(5) The payment of any other amounts which become due
to the City pursuant to this section or law.
(6) The submission to the City of accurate record
drawings showing at a minimum correct horizontal and
vertical locations of new facilities placed in the rights-of-way
in a format approved by the Public Works Department.
Record drawings shall be certified by a professional engineer
or land surveyor registered by the State of Florida, except for
such engineers or surveyors who may be exempt from
registration by Florida Statutes.
(c) The construction bond shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not
be cancelled or renewed by the surety nor the intention to
cancel or not to renew be stated by the surety until (90)
calendar days after completion of construction of the
facilities and, notwithstanding the foregoing, shall in no case
be canceled or renewed by the surety until at least (90)
calendar days' written notice to the City of surety's
intention to cancel or not renew this bond."
The construction bond shall be maintained until said construction work is
completed and for a period not to exceed one (1) year thereafter. Licensee
shall notify the City in writing when it believes the construction has been
completed.
(d) The City may waive the provisions of this section only as follows:
(1) Licensee supplies other acceptable financial
guarantees or demonstrates financial responsibility
satisfactory to the Finance Director and the City Attorney.
(2) Licensee provides a written guarantee that none of the
provisions of this section, nor the City's waiver of any
provision of this section, shall be construed to excuse the
faithful performance by or limit the liability of the licensee
under this article or any telecommunication license or permit
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issued in accordance herewith or for damages either to the
full amount of such bond or otherwise.
Sec.31.
Termination.
The City may declare a forfeiture and termination of, and revoke and cancel all
rights granted under this License if (a) a federal/state authority suspends, denies, or revokes
a telecommunications company's certification to provide telecommunications services; (b)
the licensee's use of the public rights-of-way presents a danger to the general public and
other users of the public rights-of-way; or, (c) the Licensee has abandoned its system.
Prior to such termination by the City resulting from a violation by the Licensee of any of
the provisions of this Article, the Licensee shall be served by the City with a written notice
setting forth all matters pertinent to such violation, and describing the action of the City
with respect thereto. The Licensee shall have sixty (60) days after service of such notice
within which to cure the violation, or within which to present a plan, satisfactory to the
City, to accomplish the same. In the event of such termination, the Licensee shall, within a
reasonable time following demand by the City, remove or abandon the telecommunications
system and take such steps as are necessary to render every portion of the
telecommunications system remaining within the public rights-of-way of the City safe, and
shall thereupon be deemed to have abandoned same in its entirety; and the same shall
thereupon become the sole property of the City without payment to the Licensee. If the
City agrees to abandonment, the Licensee shall incur, from that time forward, no future
obligations with respect to the telecommunications system.
Sec. 32.
Continuin2: Police Powers.
The Licensee shall at all times during the life of the License be subject to all lawful
exercise of the police power of the City and to all lawful nondiscriminatory regulations as
the City subsequently enacts based upon its existing powers or additional powers given it
in the future.
Sec. 33.
Consumer Protection.
The City may oversee compliance with all applicable consumer protection laws and
regulations, including the enforcement of Chapter 8A, Business Regulations, of the Code
of Miami-Dade County and may participate in any federal, state and local proceedings
involving or on behalf of consumers in the City. City reserves the right to enact additional
consumer protection provisions to the extent authorized by state and federal law .
Sec. 34.
Failure to Enforce License.
The Licensee shall not be excused from complying with any of the terms and
conditions of this Article by any failure of the City, upon anyone or more occasions, to
require the Licensee's performance or compliance with anyone or more of such terms or
conditions.
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Sec. 35.
Future Rules bv the Director.
The Director reserves the right to promulgate rules, regulations, and procedures to
implement the intention of this article.
Sec. 36.
Sec. 37.
Authority of the Director.
(a)
The Director shall have the responsibility for overseeing the day-to-day
administration of this article and authorizations granted hereunder. The
Director, or any member of the Director's staff so designated by the
Director, may administer oaths, certify to official acts, issue subpoenas, and
compel the attendance of witnesses and the production of papers, account
books, contracts, documents and other records, data or information, when
necessary, convenient, or appropriate in the discharge of the duties of his
office. The Director shall be empowered to take all administrative actions
on behalf of the City, including adopting forms for application and reporting
and other administrative procedures as are necessary.
(b)
The Director shall have the authority to initiate legal actions in the name of
the City through the City Attorney, seeking declaratory judgment,
injunctive, equitable, and legal relief to enforce the provisions of this
Article.
(c)
It is understood that there may be from time to time within the City, various
easements and streets which the City Director does not have the unqualified
right to authorized Licensee to use. Therefore, in granting this License, the
City does not warrant or represent as to any particular easement right-of-
way or portion of the right-of-way or easement that it has the right to
authorize the Licensee to install or maintain portions of its system therein
and in each case the burden and responsibility for making such
determination in advance of the installation shall be upon the Licensee.
Further, the City shall not be required to assume any responsibility for
securing any right-of-way easement or other rights which may be required
by the Licensee for the installation of its telecommunications systems, nor
shall the City be responsible for securing any permits or agreements with
other persons or utility.
Director's Settlement Authority.
The Director is hereby authorized to resolve by settlement any notice of violation
or lawsuit initiated by the Director. In deciding to settle a dispute over an alleged
violation, the City shall consider: (1) the probability of success in proving the violation;
(2) the nature and seriousness of the violation; (3) the licensee's past history concerning
similar violations; (4) mitigating factors; and (5) the licensee's success in resolving the
dispute with affected customers.
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Sec. 38. Anneals Of Actions. Decisions Or Determinations Of The Director:
Judicial Review.
(a) Any Licensee who is aggrieved by any final action, decision or
determination of the Director pursuant to this article may appeal to a Special
Master. Appeal shall be initiated by filing a written notice of appeal with
the Director within fifteen (15) days after the date of the action, decision or
determination complained of. The written notice of appeal shall set forth
the nature and date of the action, decision or determination to be reviewed
and a brief summary of the grounds for the appeal. Upon such filing, an
administrative hearing shall be scheduled and heard by a Special Master
pursuant to Section 8CC of the Code of Miami- Dade County, Florida. The
Special Master shall set the matter for hearing on the earliest practicable
regularly scheduled hearing date or as soon as possible, but no sooner than
ten (10) days after the request has been filed and shall cause notice of the
hearing to be served upon the aggrieved party by first class mail. The notice
may include, but not be limited to, the applicable Sections of 8CC-6(b )(2)
through (9) of the Code of Miami-Dade County, Florida. The Special
Master shall hear and consider all relevant facts in accordance with the
procedures set forth in Sections 8CC-6(e), (f), (g), (i), (j), (k), (1), (m)(2),
and (n) of the Code of Miami-Dade County (any reference in these sections
to Inspector shall mean "Director" and to violator shall mean "the person
filing the appeal"), and may affirm, modify or reverse the action, decision or
determination appealed from. The decision of the Special Master shall
constitute final administrative review and no rehearing shall be permitted.
Nothing herein shall be construed to prevent or prohibit the Director from
instituting any civil action or proceeding authorized by this Article at any
time.
b) The Director, or any Licensee who is aggrieved by any decision of the
Special Master may appeal a final order of the Special Master by filing a
notice of appeal in the Circuit Court in and for Miami-Dade County,
Florida, in accordance with procedures and within the time provided by the
Florida Rules of Appellate Procedure for review of administrative action.
The words "action," "decision" and "determination" as used herein shall not
include the filing or institution of any action, conference or proceeding by
the Director in any court otherwise.
(c) Any regulated person making the appeal shall be required to pay the Director
a fee, to be established by administrative order of the City Manager, to
defray the costs of preparing the record on appeal. Said fee shall be
effective upon approval by the Commission.
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Sec. 39.
Civil Penalties.
In addition to any other judicial or administrative remedies or penalties provided by
law, rule, regulation or ordinance, any person who violates any of the provisions of this
article, any cease and desist order of the Director, any notice to correct a violation or any
assurance of voluntary compliance pursuant to Section 8A-82.1 of the Code and this
Article with respect to matters regulated under this Article or any other lawful order of the
Director or any condition, limitation, or restriction of a telecommunications license issued
by the Director, shall be subject to the judicial imposition and recovery of a civil penalty in
an amount of not more than ten thousand dollars ($10,000.00) per offense. Each day during
any portion of which such violation occurs or continues to occur constitutes a separate
offense. Such monies recovered by the Director shall be deposited in a separate City fund
to be used exclusively for enforcement of this Article. For purposes of this Article, all
references to Chapter 8A in Section 8A-82.1 shall mean this Article.
Sec. 40.
Enforcement Procedure: Remedies:
(a)
It shall be unlawful for any person to violate any of the provisions of this
article. In addition to any other judicial or administrative remedies provided
by law, rule, regulation, ordinance, or this article, the Director shall have the
following judicial remedies available to enforce the provisions of this
article:
(1) The Director may institute a civil action III a court of
competent jurisdiction to seek temporary or permanent
declaratory or injunctive relief to enforce compliance with or
prohibit the violation of any of the provisions of this article.
(2) The Director may institute a civil action in a court of
competent jurisdiction to impose and recover a civil penalty
in an amount of not more than ten thousand dollars
($10,000.00) for each violation of any of the provisions of
this article. Each day during any portion of which such
violation occurs or continues to occur constitutes a separate
violation. The right of trial by jury shall be available in any
court to determine both liability for and the amount of the
civil penalties to be imposed and recovered hereunder.
(3) The Director may institute a civil action in a court of
competent jurisdiction to seek restitution and other equitable
relief to recover any sums and costs expended by the
Director for tracing, investigating, preventing, controlling,
abating or remedying any violation of any of the provisions
of this article.
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(b) Upon the rendition of a judgment or decree by any of the courts of this state
against any person and in favor of the Director under any of the provisions
of this article, the trial court, or, in the event of an appeal in which the
Director prevails, the appellate court, shall adjudge or decree against said
person and in favor of the Director a reasonable sum as fees or
compensation for the Director's attorney prosecuting the suit in which the
recovery is had. Where so awarded, compensation or fees of the attorney
shall be included in the judgment or decree rendered in the case. This
provision shall apply to all civil actions, legal or equitable, filed after the
effective date of this article by the Director.
(c) All the judicial and administrative remedies in this article are independent
and cumulative.
Section 2. Civil Penalties. The City of Sunny Isles Beach, Florida, Cable Television
Ordinance is hereby amended to add the following:
Sec. 16(s)(l) Description of Violation Penalty
(a) Failure to obtain a Telecommunications License $5,000.00
(b) Failure to comply with record and reporting requirements 500.00
(c) Failure to obtain approval to transfer a License 2,500.00
(d)
Failure to comply with construction and safety requirements 500.00
(e)
Failure to bury distribution system
100.00
(f)
Failure to Maintain Insurance
500.00
(g)
Failure to maintain Faithful Performance bond
or Letter of Credit
500.00
Section 3. Severability. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 5. Inclusion in the Code. It is the intention of the City Commissioners, and it
is hereby ordained that the provisions of this ordinance, including any sunset provision,
shall become and be made a part of the City of Sunny Isles Beach, Florida. The sections of
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this ordinance may be renumbered or re-Iettered to accomplish such intention, and the
word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6 Effective Date. This ordinance shall become effective ten (10) days after
second reading.
PASSED AND ADOPTED upon first reading the 16th day of March, 2000.
PASSED AND ADOPTED upon second reading this ~ day of ~; I
2000.
~
~....-,
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
Motion on second reading by: ~-'" u.:- ....,.,M,M. ~
Second on second reading by: V'\ u.. ~ ~~
Vote: 5""- 0
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Irving Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
(yes) V'
(yes) V
(yes)~
(yes)
(yes) 17
(no )_
(no )_
(no )_
(no )_
(no )_
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CITY OF SUNNY ISLES BEACH, FLORIDA
APPLICATION FOR LICENSE TO USE PUBLIC RIGHTS-OF -WAY
FOR OPERATION OF A TELECOMMUNICATIONS SYSTEM
The following questionnaire must be answered in conjunction with your proposed Sunny Isle Beach application
for a License. Upon receipt of your response, additional information may be required by the City of Sunny Isle
Beach. The applicant has a continuing obligation to update the information on the application:
PART A: GENERAL INFORMATION
Date
1. Name and address of Applicant, including all affiliates of the Applicant:
2. Name and Telephone Number of Contact Person for Applicant:
3.
Is the Applicant a publicly traded corporation?
Yes
No
4. This is an Application for (check all that apply):
a. An initial License for a Telecommunications System or Open Video System to be
used for the purpose of providing Telecommunications Services to the public.
(i) Telecommunications Company providing Toll Telephone Service
(ii) Telecommunications Company providing Local Exchange Service
(iii) Other (identify in detail)
b. A renewal of a Telecommunications System License?
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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1
EXHIBIT A
c. A transfer of an existing Telecommunications System?
d, An expansion of an existing License Territory? (If yes, the Applicant need not
complete Parts C or D ofthis Application.)
e. Other
5. Enclose a copy of your Florida Public Service Commission operating certificate.
PART B: DESCRIPTION OF PROPOSED SYSTEM AND SERVICES
1. Describe in detail:
a. The geographic area within the City of Sunny Isle Beach where the Applicant proposes to
offer Telecommunications Services and a schedule for buildout to the entire area.
b. Provide the City with written documentation that;
(i) The Applicant made diligent, but unsuccessful efforts to install or co-locate the
Applicant's telecommunications facilities within ducts or conduit owned by other
persons and present at the proposed location of the new facilities.
(ii) The Applicant made diligent, but unsuccessful efforts to install or co-locate the
Applicant's telecommunications facilities overhead on existing utility poles at the
Proposed location of the new facilities.
2. Where, if at all, the Applicant intends to interconnect its system with other Telecommunications
Systems, Open Video Systems or cable systems in Sunny Isle Beach.
3. Provide a scaled blueprint map of the proposed service area visually indicating the same information.
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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2
4. Has the Applicant reviewed the construction standards utilized by the City? Provide a schedule and
completion dates for development and construction of the Applicant's proposed Telecommunications
System.
5. Please describe the Applicant's proposed Telecommunications System maintenance plan.
6. Please identify all federal, state and local franchises, licenses, permits or certificates which you believe your
company must obtain in order to construct and operate a Telecommunications System for the purposes
described by the Applicant in Part B of this Application.
7. Has the Applicant obtained certificates of authority from the Federal Communications Commission (FCC)
and the Florida Public Service Commission (PSC necessary in order to legally begin construction of the
purposed Telecommunications System as well as the other permits licenses, certificates or franchises fisted
in Question 6? If yes, please attach proof that each certificate was obtained as well as a copy of any
application filed with the FCC and the PSC in order to obtain these certificates. If the Applicant has not
obtained all necessary certificates, has the Applicant applied for such authority? If so, please provide a copy
of the applications pending for each certificate, permit license, franchise or other authorization not yet
obtained. If such applications have not yet been filed, when will they be filed?
8. Upon request applicant shall attach a copy of any tariffs on file with the FCC or the PSC describing the rates
for services that Applicant will be offering in Sunny Isle Beach within one year after completion of
construction of its Telecommunications System.
9. Provide a preliminary traffic control: plan in accordance with the Florida Department of Transportation rules
and regulations.
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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3
10. Provide a description of access and line extension policies,
PART C: CHARACTER OF APPLICANT
1. Please provide the names and titles of each general or limited partner, officer or director of the Applicant.
Also provide the names of any shareholder of the Applicant owning more than 5% of the Applicant's
outstanding common stock (ifthe Applicant is a corporation) partnership shares, or assets and the respective
ownership share of each such person.
2. The names and addresses of any parent corporation, parent entity or holding company that owns, or by
ownership of other entities, controls the license.
3. Please list any subsidiaries, or other entities in which the Applicant owns a controlling equity interest.
4. Please provide an organizational chart that illustrates the relationship to any parent corporation, parent entity,
holding company, regional, state district or national officers, etc.
5. Please provide a list of every other municipality in which the Applicant is currently providing
Telecommunications Services pursuant to a License, Franchise or other permit.
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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4
6. Please provide the City with contact names, addresses and phone numbers ofthree (3) municipalities where
the Applicant has been granted permission to use the public rights-of-way to provide Telecommunications
Services, Open Video Services or cable services.
7. Has the Applicant obtained a permit, License or Franchise to provide Telecommunications Services in any
other municipality and transferred the Franchise to another entity within five (5) years of obtaining it?
PART D: LEGAL BACKGROUND OF APPLICANT
1. Has the Applicant ever been engaged in any litigation with a local governmental entity relating to applicant's
use or occupancy of public rights-of-way under the local governmental jurisdiction? If so, please describe the
nature ofthe dispute, the local governmental involved, the amount of damages, if any, paid by either party,
and whether the dispute has been finally resolved.
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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5
PART E: FINANCIAL BACKGROUND OF APPLICANT
1. Please provide the City with a copy of the audited financial statements of the Applicant for each of the
past two (2) fiscal years, including an income statement, balance sheet, statement of cash flows and
statement of owner's equity. In cases where there are a parent/subsidiary, then segmented subsidiary
financial disclosure should be provided.
PART F: MISCELLANEOUS
1. Please provide proofthat Applicant had joined and that it will participate in the regional "one call"
notification system serving the Sunny Isle Beach area regarding location of underground utilities.
I certify that I am authorized to execute this Application on behalf of the Applicant. I further understand that if
there are material omissions of information requested by this Applicant or deliberately false answers given to
questions on this Applicant, the City may revoke any license it has granted in reliance on the answers provided
by Applicant to this Application.
Date:
(Name of Applicant)
ATTEST:
By:
Corporate Secretary
(Corporate Seal)
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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6
STATEOFFLORIDA)
:SS
COUNTY OF DADE )
The foregoing application was acknowledged before me this day of
as
who is (are) personally known to me, or have produced as identification.
2000 by
of said corporation
My commission expires-
Notary Public
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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7
ATTACHMENT "A"
As part ofthe permitting the City shall require the following:
a. The exact technical specifications ofthe Telecommunication System facilities and equipment to be used and
the precise location within the public rights-of-way where such facilities will be placed.
b. The location of all overhead and under ground public utility, telecommunication cable, water, sewer drainage
and other facilities in the public right-of-way along the proposed route,
(i) If the facilities are installed overhead, evidence that their is surplus space available
for locating its telecommunication facilities on existing utility poles along the
proposed route.
(ii) Ifthe system is installed underground in existing ducts or conduits within the public
rights-of-way, please identify:
(1) The excess capacity currently available in such ducts or conduits
before installation of Applicant's facilities,
(2) the excess capacity that will remain after the Applicant's facilities are
installed.
(iii) If Applicant is proposing to install new ducts or conduits underground within the
public rights-of-way, identify:
(1) The proposed location of the new facilities,
(2) The excess capacity that will exist within the Applicant's facilities
after installation.
(3) The specific trees, structures, improvements, facilities and
obstructions, if any, that Applicant proposes to temporarily or
permanently remove or relocate.
Telecommunications Right-of-Way Application
Exhibit "A" to Ordinance Ch
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