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<br />WHEREAS, it is the intent of the City in the adoption of this Ordinance to allow the <br />use of appropriate rights-of-way in the City to provide telecommunications services within and <br />without the City, and under its police powers to regulate the use of such rights-of-way by <br />providers, and to charge such providers reasonable and non-discriminatory. for the use of <br />such rights-of-way and to provide for licenses, terms of licenses, consumer protection and <br />enforcement remedies for the citizens of the City of Sunny Isles Beach; <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. Short Title. This Ordinance shall be known as the "Telecommunications <br />Right of Way" ordinance. <br /> <br />Sec. 1. <br /> <br />(a) <br /> <br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />ARTICLE II <br /> <br />Definitions. <br /> <br />"Director" shall be the Director of Public Works or his or <br />her designee. <br /> <br />"Gross Receipts" shall mean all revenues received by the <br />Licensee on recurring local service revenues for services <br />provided within the incorporated limits of Sunny Isles <br />Beach. <br /> <br />"Municipal Right-of Way Use License" means the right <br />granted by the City to use public rights-of-way to provide <br />telecommunications services, within the City to the public or <br />to other providers, as specified by the terms of this section. <br /> <br />"Public Rights-of Way" shall mean public streets, rights-of- <br />way and public easements including the area on, over, or <br />under the surface in the unincorporated areas and the public <br />streets, rights-of-way and easements for which Sunny Isles <br />Beach Public Works Department has primary jurisdiction for <br />issuing permits. <br /> <br />"Telecommunications Company, Carrier, or Provider" <br />includes every corporation, partnership, person, trustees, or <br />receivers appointed by any court whatsoever, and every <br />political subdivision in the state, offering two-way <br />telecommunications service to the public for hire within this <br />state by the use of a telecommunications facility. The term <br />"telecommunications company" does not include an entity <br />which provides a telecommunications facility exclusively to <br />a certificated telecommunications company, a commercial <br />mobile radio service provider, a facsimile transmission <br /> <br />Telecommunications Right-of-Way Ord. <br />LMD:ch/pwalker <br />4/5/00 - 12:41 PM <br /> <br />2 <br />