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<br />ORDINANCE NO. 2001- j3S <br /> <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, RELATING TO COMMUNICATIONS FACiliTIES IN <br />PUBLIC RIGHTS-OF-WAY; AMENDING ORDINANCE NO. <br />2000-91; PROVIDING FOR TITLE; PROVIDING FOR INTENT <br />AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING <br />FOR REGISTRATION FOR PLACING OR MAINTAINING <br />COMMUNICATIONS FACILITIES IN PUBUC RIGHTS-OF- <br />WAY; PROVIDING FOR NOTICE OF TRANSFER, SALE OR <br />ASSIGNMENT OF ASSETS IN PUBUC RIGHTS-OF-WAY; <br />PROVIDING FOR PLACEMENT OR MAINTENANCE OF A <br />COMMUNICATIONS FACILITY IN PUBUC-RIGHTS-OF-W A Y; <br />PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING <br />FOR APPEALS; PROVIDING FOR CONDITIONAL USE OF <br />PUBLIC RIGHTS-OF-WAY; PROVIDING FOR INVOLUNTARY <br />TERMINATION OF REGISTRATION; PROVIDING FOR <br />EXISTING COMMUNICATIONS FACiliTIES IN PUBUC <br />RIGHTS-OF- WAY; PROVIDING FOR INSURANCE; PROVIDING <br />FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION <br />BOND; PROVIDING FOR SECURITY FUND; PROVIDING FOR <br />ENFORCEMENT REMEDIES; PROVIDING FOR <br />ABANDONMENT OF A COMMUNICATIONS FACILITY; <br />PROVIDING FOR FORCE MAJEURE; PROVIDING FOR <br />RESERVATION OF RIGHTS AND REMEDIES; PROVIDING <br />FOR SEVERABILITY; PROVIDING AN EFFECTNE DATE. <br /> <br />WHEREAS, effective January 1, 2001, Section 337.401, Florida Statutes (2000), is <br /> <br />amended to require similar treatment of providers of telecommunications services seeking to use <br /> <br />the City's Public Rights-of-Way. Rules or regulations imposed by the City relating to <br /> <br />telecommunications companies placing or maintaining telecommunications facilities in its roads <br /> <br />or rights-of-way must be generally applicable to all telecommunications companies; and <br /> <br />WHEREAS, effective October 1, 2001, Section 337.401, Florida Statutes (2000), is <br /> <br />further amended to require municipalities to treat providers of communications services in a <br /> <br />nondiscriminatory and competitive manner when imposing rules or regulations governing the <br /> <br />placement or maintenance of Communications Facilities in the City's Rights-of-Way; and <br />