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ORDINANCE NO. 2007 - ~ 9D AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 129-65 AND 129-66 OF THE CITY CODE RELATING TO THE REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY, AND THE TRANSFER, SALE OR ASSIGNMENT OF ASSETS IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida law, including Sections 125.52 and 337.401, Florida Statutes, authorizes the City of Sunny Isles Beach, Florida, (the "City") to license and adopt regulations related to the placement, construction, maintenance, repair, relocation or removal of utility facilities within its rights-of-way, and requires certain registration requirements by communications service providers; and WHEREAS, pursuant to this statutory authority, the City adopted regulations governing communications companies' use of City rights-of-way and registration of communication service providers; and WHEREAS, the Florida Legislature recently enacted House Bill 529, also referred to as the "Consumer Choice Act of 2007", which provides an incumbent cable or non-incumbent cable service provider with the option to secure a statutory certificate franchise through the preemption of an existing cable franchise with the State; and WHEREAS, an entity or person seeking to provide cable service in Florida after July I, 2007, is now required to file an application for a state issued certificate of franchising authority with the Department of State; and WHEREAS, the Consumer Choice Act of 2007 continues to provide a role for the City in the regulation of cable or video service providers, including certain registration requirements relating to the placement or maintenance of communication facilities in its roads or rights-of-way, the receipt of franchise fees via the Florida Uniform Communications Services Tax and the provision of public, educational and governmental access channels, and related funding obligations, for noncommercial programming; and WHEREAS, the City Commission finds that the provisions of this Ordinance, which amends Sections 129-65 and 129-66 of the City Code pertaining to registration for placing or maintaining communications facilities in public rights-of-way, and the transfer, sale or assignment of assets in public rights-of-way, will serve the health, safety and welfare of the City's residents. Ordinance 2007- Amending Sections 129-65 and 129-66