§ 82-129. Compensation for use of rights-of-way.

(a)

A registrant that places or maintains communications facilities, utility poles or wireless support structures in the public rights-of-way that provides communications services, as defined in F.S. § 202.11, within the city shall comply with communications services tax regulations as required by state and other applicable law. If a registrant does not remit communications services taxes in accordance with F.S. § 202.11, then a registrant must remit fees to the city in accordance with subsections (b) and (c) below.

(b)

A registrant that collocates a small wireless facility on a city utility pole in the public rights-of-way shall remit $150.00 per pole per year to the city. Agreements between the city and wireless providers that are in effect on July 1, 2017, and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on city utility poles, remain in effect, subject to applicable termination provisions. The registrant may accept the rates, fees, and terms established under this subsection for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees, and terms become effective.

(c)

A registrant, communications services provider, pass-through provider, wireless infrastructure provider that makes physical use of the public rights-of-way with any communications facility, utility pole, wireless support structure, cable, fiber optic or other pathway and who is not providing communications services as defined in F.S. § 202.11(1), or who is not serving a communications services customer at retail within the jurisdictional limits of the city at the time the registrant begins to make physical use of the public right-of-way, shall pay to the city annually no less than $500.00 per linear mile, or portion thereof, up to the maximum amount allowed under F.S. § 337.401, whichever is greater, to the extent that F.S. § 337.401 is applicable, as follows:

(1)

Annual payments shall be due and payable on April 1 of each year. Fees not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid. The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable. All fee payments shall be subject to audit by the city, and assessment or refund if any payment is found to be in error. If such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one (1) percent per month until the date payment is made; and

(2)

If the payments required by this section are not made within 90 days after the due date, the streets department may withhold the issuance of any permits to the registrant until the amount past due is paid in full.

(d)

Except to the extent prohibited by applicable law: (1) Any fee payments made pursuant to this section shall not be deemed to be a tax; (2) Such fee payments shall be in addition to any and all taxes of a general applicability; and (3) A registrant shall not have or make any claim for any deduction or other credit of all or any part of the amount of said fee payments from or against any of said city taxes or other fees or charges of general applicability which registrant is required to pay to the city, except as required by law.

(e)

The fee specified herein is the minimum consideration for use of the public rights-of-way, including all public easements, for the purpose of installing and maintaining a communications facility, utility pole or wireless support structure.

(Ord. No. 2018-028, § 3, 4-24-2018)