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Agenda 06/27/2017 Item #17F06/27/2017 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance permitting and regulating the placement of communications facilities in the County Right-of-Way. (This is a companion to Agenda Items 16A13 and 16A14) OBJECTIVE: To establish regulations for communications facilities in the County Right-of-Way in accordance with the requirements of House Bill 687, the “Advanced Wireless Infrastructure Deployment Act,” as codified in Section 337.401, Florida Statutes. CONSIDERATIONS: During the 2017 Session, the Florida Legislature enacted House Bill 687, known as the “Advanced Wireless Infrastructure Deployment Act,” codified in Section 337.401, Florida Statutes. The Act requires that a local government allow for the collocation of small wireless facilities on t hat government’s utility poles within the Public Right-of-Way, such as traffic and light poles, but also allows for a limited right to regulate this activity. The proposed Ordinance, drafted by the County Attorney working with staff, implements the regulatory scheme conferred by the Act and provides for the registration, permitting and regulation of both small wireless facilities, as well as other new communications facilities, wireless facilities, and wireless support structures, within the County Right-of-Way in unincorporated Collier County. The purpose of the Ordinance is to promote the public health, safety and general welfare by providing reasonable rules, regulations and general conditions necessary to manage the placement and maintenance of communications facilities in the County Right-of-Way by all Wireless Providers, to minimize the disruption to the County Right-of-Way, to require the restoration of the County Right-of-Way to its original condition, and to minimize the visual impact of these facilities. The Act becomes effective July 1, 2017 and it is anticipated that the County will begin to receive applications for small wireless facilities or other communication facilities. In order to ensure that the processes and regulations in this Ordinance are effective on that date, this Ordinance has bypassed the ordinary two-step adoption process and has been duly advertised for adoption at today’s meeting. It is anticipated that as we have experience working with the Wireless Providers, that we will be coming back to the Board with an amended ordinance to reflect to realities of the situation, as this entire process is new not only to Florida, but nationally as well, reflecting the rapidly changing technology of the wireless industry. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The cost of advertisement was $387.44. The operating costs of implementing this Ordinance is included in the companion item adopting a revised Fee Schedule. LEGAL CONSIDERATIONS: This Ordinance was prepared by the County Attorney, is approved as to form and legality, and requires a majority vote for Board adoption. - JAK RECOMMENDATION: That the Board of County Commissioners adopts an Ordinance permitting and regulating the placement of communications facilities in the County Rights-of-Way. Prepared by: Jeffrey A. Klatzkow, County Attorney 17.F Packet Pg. 1587 06/27/2017 ATTACHMENT(S) 1. Proposed Ordinance Communication Facilities - rights-of- way (PDF) 2. House Bill 687 (PDF) 3. Legal Ad - Communication Facilities - rights-of-way (PDF) 17.F Packet Pg. 1588 06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.F Doc ID: 3391 Item Summary: Recommendation to adopt an Ordinance permitting and regulating the placement of communications facilities in the County Right-of-Way. (This is a companion to Agenda Items 16A13 and 16A14) Meeting Date: 06/27/2017 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 06/19/2017 10:15 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/19/2017 10:15 AM Approved By: Review: Growth Management Department Matthew McLean Additional Reviewer Completed 06/19/2017 1:23 PM Growth Management Department James French Additional Reviewer Completed 06/19/2017 5:55 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2017 10:24 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 10:42 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 3:54 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2017 5:09 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 17.F Packet Pg. 1589 17.F.1 Packet Pg. 1590 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1591 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1592 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1593 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1594 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1595 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1596 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1597 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1598 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1599 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1600 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1601 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1602 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1603 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1604 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1605 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1606 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1607 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1608 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1609 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1610 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1611 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1612 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications 17.F.1 Packet Pg. 1613 Attachment: Proposed Ordinance Communication Facilities - rights-of- way (3391 : Ordinance Establishing Requirements for Communications ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 1 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1 An act relating to utilities; amending s. 337.401, 2 F.S.; authorizing the Department of Transportation and 3 certain local governmental entities to prescribe and 4 enforce rules or regulations regarding the placing and 5 maintaining of certain voice or data communications 6 services lines or wireless facilities on certain 7 rights-of-way; providing a short title; providing 8 definitions; prohibiting an authority from 9 prohibiting, regulating, or charging for the 10 collocation of small wireless facilities in public 11 rights-of-way under certain circumstances; authorizing 12 an authority to require a registration process and 13 permit fees under certain circumstances; requiring an 14 authority to accept, process, and issue applications 15 for permits subject to specified requirements; 16 prohibiting an authority from requiring approval or 17 requiring fees or other charges for routine 18 maintenance, the replacement of certain wireless 19 facilities, or the installation, placement, 20 maintenance, or replacement of certain micro wireless 21 facilities; providing an exception; providing 22 requirements for the collocation of small wireless 23 facilities on authority utility poles; providing 24 requirements for rates, fees, and other terms related 25 17.F.2 Packet Pg. 1614 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 2 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to authority utility poles; authorizing an authority 26 to apply current ordinances regulating placement of 27 communications facilities in the right-of-way for 28 certain applications; requiring an authority to waive 29 certain permit application requirements and small 30 wireless facility placement requirements; prohibiting 31 an authority from adopting or enforcing any regulation 32 on the placement or operation of certain 33 communications facilities and from regulating any 34 communications services or imposing or collecting any 35 tax, fee, or charge not specifically authorized under 36 state law; providing construction; requiring a 37 wireless provider to comply with certain 38 nondiscriminatory undergrounding requirements of an 39 authority; authorizing the authority to waive any such 40 requirements; authorizing a wireless infrastructure 41 provider to apply to an authority to place utility 42 poles in the public rights-of-way to support the 43 collocation of small wireless facilities; providing 44 application requirements; requiring the authority to 45 accept and process the application subject to certain 46 requirements; providing construction; authorizing an 47 authority to enforce certain local codes, 48 administrative rules, or regulations; authorizing an 49 authority to enforce certain pending local ordinances, 50 17.F.2 Packet Pg. 1615 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 3 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S administrative rules, or regulations under certain 51 circumstances, subject to waiver by the authority; 52 providing construction; providing an effective date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1. Paragraph (a) of subsection (1) of section 57 337.401, Florida Statutes, is amended, and subsection (7) is 58 added to that section, to read: 59 337.401 Use of right-of-way for utilities subject to 60 regulation; permit; fees.— 61 (1)(a) The department and local governmental entities, 62 referred to in this section and in ss. 337.402, 337.403, and 63 337.404 as the "authority," that have jurisdiction and control 64 of public roads or publicly owned rail corridors are authorized 65 to prescribe and enforce reasonable rules or regulations with 66 reference to the placing and maintaining across, on, or within 67 the right-of-way limits of any road or publicly owned rail 68 corridors under their respective jurisdictions any electric 69 transmission, voice telephone, telegraph, data, or other 70 communications services lines or wireless facilities; pole 71 lines; poles; railways; ditches; sewers; water, heat, or gas 72 mains; pipelines; fences; gasoline tanks and pumps; or other 73 structures referred to in this section and in ss. 337.402, 74 337.403, and 337.404 as the "utility." The department may enter 75 17.F.2 Packet Pg. 1616 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 4 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S into a permit-delegation agreement with a governmental entity if 76 issuance of a permit is based on requirements that the 77 department finds will ensure the safety and integrity of 78 facilities of the Department of Transportation; however, the 79 permit-delegation agreement does not apply to facilities of 80 electric utilities as defined in s. 366.02(2). 81 (7)(a) This subsection may be cited as the "Advanced 82 Wireless Infrastructure Deployment Act." 83 (b) As used in this subsection, the term: 84 1. "Antenna" means communications equipment that transmits 85 or receives electromagnetic radio frequency signals used in 86 providing wireless services. 87 2. "Applicable codes" means uniform building, fire, 88 electrical, plumbing, or mechanical codes adopted by a 89 recognized national code organization or local amendments to 90 those codes enacted solely to address threats of destruction of 91 property or injury to persons, or local codes or ordinances 92 adopted to implement this subsection. The term includes 93 objective design standards adopted by ordinance that may require 94 a new utility pole that replaces an existing utility pole to be 95 of substantially similar design, material, and color or that may 96 require reasonable spacing requirements concerning the location 97 of ground-mounted equipment. The term includes objective design 98 standards adopted by ordinance that may require a small wireless 99 facility to meet reasonable location context, color, stealth, 100 17.F.2 Packet Pg. 1617 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 5 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and concealment requirements; however, such design standards may 101 be waived by the authority upon a showing that the design 102 standards are not reasonably compatible for the particular 103 location of a small wireless facility or that the design 104 standards impose an excessive expense. The waiver shall be 105 granted or denied within 45 days after the date of the request. 106 3. "Applicant" means a person who submits an application 107 and is a wireless provider. 108 4. "Application" means a request submitted by an applicant 109 to an authority for a permit to collocate small wireless 110 facilities. 111 5. "Authority" means a county or municipality having 112 jurisdiction and control of the rights-of-way of any public 113 road. The term does not include the Department of 114 Transportation. Rights-of-way under the jurisdiction and control 115 of the department are excluded from this subsection. 116 6. "Authority utility pole" means a utility pole owned by 117 an authority in the right-of-way. The term does not include a 118 utility pole owned by a municipal electric utility, a utility 119 pole used to support municipally owned or operated electric 120 distribution facilities, or a utility pole located in the right-121 of-way within: 122 a. A retirement community that: 123 (I) Is deed restricted as housing for older persons as 124 defined in s. 760.29(4)(b); 125 17.F.2 Packet Pg. 1618 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 6 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (II) Has more than 5,000 residents; and 126 (III) Has underground utilities for electric transmission 127 or distribution. 128 b. A municipality that: 129 (I) Is located on a coastal barrier island as defined in 130 s. 161.053(1)(b)3.; 131 (II) Has a land area of less than 5 square miles; 132 (III) Has less than 10,000 residents; and 133 (IV) Has, before July 1, 2017, received referendum 134 approval to issue debt to finance municipal-wide undergrounding 135 of its utilities for electric transmission or distribution. 136 7. "Collocate" or "collocation" means to install, mount, 137 maintain, modify, operate, or replace one or more wireless 138 facilities on, under, within, or adjacent to a wireless support 139 structure or utility pole. The term does not include the 140 installation of a new utility pole or wireless support structure 141 in the public rights-of-way. 142 8. "FCC" means the Federal Communications Commission. 143 9. "Micro wireless facility" means a small wireless 144 facility having dimensions no larger than 24 inches in length, 145 15 inches in width, and 12 inches in height and an exterior 146 antenna, if any, no longer than 11 inches. 147 10. "Small wireless facility" means a wireless facility 148 that meets the following qualifications: 149 a. Each antenna associated with the facility is located 150 17.F.2 Packet Pg. 1619 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 7 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S inside an enclosure of no more than 6 cubic feet in volume or, 151 in the case of antennas that have exposed elements, each antenna 152 and all of its exposed elements could fit within an enclosure of 153 no more than 6 cubic feet in volume; and 154 b. All other wireless equipment associated with the 155 facility is cumulatively no more than 28 cubic feet in volume. 156 The following types of associated ancillary equipment are not 157 included in the calculation of equipment volume: electric 158 meters, concealment elements, telecommunications demarcation 159 boxes, ground-based enclosures, grounding equipment, power 160 transfer switches, cutoff switches, vertical cable runs for the 161 connection of power and other services, and utility poles or 162 other support structures. 163 11. "Utility pole" means a pole or similar structure that 164 is used in whole or in part to provide communications services 165 or for electric distribution, lighting, traffic control, 166 signage, or a similar function. The term includes the vertical 167 support structure for traffic lights but does not include a 168 horizontal structure to which signal lights or other traffic 169 control devices are attached and does not include a pole or 170 similar structure 15 feet in height or less unless an authority 171 grants a waiver for such pole. 172 12. "Wireless facility" means equipment at a fixed 173 location which enables wireless communications between user 174 equipment and a communications network, including radio 175 17.F.2 Packet Pg. 1620 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 8 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S transceivers, antennas, wires, coaxial or fiber-optic cable or 176 other cables, regular and backup power supplies, and comparable 177 equipment, regardless of technological configuration, and 178 equipment associated with wireless communications. The term 179 includes small wireless facilities. The term does not include: 180 a. The structure or improvements on, under, within, or 181 adjacent to the structure on which the equipment is collocated; 182 b. Wireline backhaul facilities; or 183 c. Coaxial or fiber-optic cable that is between wireless 184 structures or utility poles or that is otherwise not immediately 185 adjacent to or directly associated with a particular antenna. 186 13. "Wireless infrastructure provider" means a person who 187 has been certificated to provide telecommunications service in 188 the state and who builds or installs wireless communication 189 transmission equipment, wireless facilities, or wireless support 190 structures but is not a wireless services provider. 191 14. "Wireless provider" means a wireless infrastructure 192 provider or a wireless services provider. 193 15. "Wireless services" means any services provided using 194 licensed or unlicensed spectrum, whether at a fixed location or 195 mobile, using wireless facilities. 196 16. "Wireless services provider" means a person who 197 provides wireless services. 198 17. "Wireless support structure" means a freestanding 199 structure, such as a monopole, a guyed or self-supporting tower, 200 17.F.2 Packet Pg. 1621 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 9 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or another existing or proposed structure designed to support or 201 capable of supporting wireless facilities. The term does not 202 include a utility pole. 203 (c) Except as provided in this subsection, an authority 204 may not prohibit, regulate, or charge for the collocation of 205 small wireless facilities in the public rights-of-way. 206 (d) An authority may require a registration process and 207 permit fees in accordance with subsection (3). An authority 208 shall accept applications for permits and shall process and 209 issue permits subject to the following requirements: 210 1. An authority may not directly or indirectly require an 211 applicant to perform services unrelated to the collocation for 212 which approval is sought, such as in-kind contributions to the 213 authority, including reserving fiber, conduit, or pole space for 214 the authority. 215 2. An applicant may not be required to provide more 216 information to obtain a permit than is necessary to demonstrate 217 the applicant's compliance with applicable codes for the 218 placement of small wireless facilities in the locations 219 identified the application. 220 3. An authority may not require the placement of small 221 wireless facilities on any specific utility pole or category of 222 poles or require multiple antenna systems on a single utility 223 pole. 224 4. An authority may not limit the placement of small 225 17.F.2 Packet Pg. 1622 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 10 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S wireless facilities by minimum separation distances. However, 226 within 14 days after the date of filing the application, an 227 authority may request that the proposed location of a small 228 wireless facility be moved to another location in the right-of-229 way and placed on an alternative authority utility pole or 230 support structure or may place a new utility pole. The authority 231 and the applicant may negotiate the alternative location, 232 including any objective design standards and reasonable spacing 233 requirements for ground-based equipment, for 30 days after the 234 date of the request. At the conclusion of the negotiation 235 period, if the alternative location is accepted by the 236 applicant, the applicant must notify the authority of such 237 acceptance and the application shall be deemed granted for any 238 new location for which there is agreement and all other 239 locations in the application. If an agreement is not reached, 240 the applicant must notify the authority of such nonagreement and 241 the authority must grant or deny the original application within 242 90 days after the date the application was filed. A request for 243 an alternative location, an acceptance of an alternative 244 location, or a rejection of an alternative location must be in 245 writing and provided by electronic mail. 246 5. An authority shall limit the height of a small wireless 247 facility to 10 feet above the utility pole or structure upon 248 which the small wireless facility is to be collocated. Unless 249 waived by an authority, the height for a new utility pole is 250 17.F.2 Packet Pg. 1623 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 11 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S limited to the tallest existing utility pole as of July 1, 2017, 251 located in the same right-of-way, other than a utility pole for 252 which a waiver has previously been granted, measured from grade 253 in place within 500 feet of the proposed location of the small 254 wireless facility. If there is no utility pole within 500 feet, 255 the authority shall limit the height of the utility pole to 50 256 feet. 257 6. Except as provided in subparagraphs 4. and 5., the 258 installation of a utility pole in the public rights-of-way 259 designed to support a small wireless facility shall be subject 260 to authority rules or regulations governing the placement of 261 utility poles in the public rights-of-way and shall be subject 262 to the application review timeframes in this subsection. 263 7. Within 14 days after receiving an application, an 264 authority must determine and notify the applicant by electronic 265 mail as to whether the application is complete. If an 266 application is deemed incomplete, the authority must 267 specifically identify the missing information. An application is 268 deemed complete if the authority fails to provide notification 269 to the applicant within 14 days. 270 8. An application must be processed on a nondiscriminatory 271 basis. A complete application is deemed approved if an authority 272 fails to approve or deny the application within 60 days after 273 receipt of the application. If an authority does not use the 30-274 day negotiation period provided in subparagraph 4., the parties 275 17.F.2 Packet Pg. 1624 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 12 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S may mutually agree to extend the 60-day application review 276 period. The authority shall grant or deny the application at the 277 end of the extended period. A permit issued pursuant to an 278 approved application shall remain effective for 1 year unless 279 extended by the authority. 280 9. An authority must notify the applicant of approval or 281 denial by electronic mail. An authority shall approve a complete 282 application unless it does not meet the authority's applicable 283 codes. If the application is denied, the authority must specify 284 in writing the basis for denial, including the specific code 285 provisions on which the denial was based, and send the 286 documentation to the applicant by electronic mail on the day the 287 authority denies the application. The applicant may cure the 288 deficiencies identified by the authority and resubmit the 289 application within 30 days after notice of the denial is sent to 290 the applicant. The authority shall approve or deny the revised 291 application within 30 days after receipt or the application is 292 deemed approved. Any subsequent review shall be limited to the 293 deficiencies cited in the denial. 294 10. An applicant seeking to collocate small wireless 295 facilities within the jurisdiction of a single authority may, at 296 the applicant's discretion, file a consolidated application and 297 receive a single permit for the collocation of up to 30 small 298 wireless facilities. If the application includes multiple small 299 wireless facilities, an authority may separately address small 300 17.F.2 Packet Pg. 1625 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 13 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S wireless facility collocations for which incomplete information 301 has been received or which are denied. 302 11. An authority may deny a proposed collocation of a 303 small wireless facility in the public rights-of-way if the 304 proposed collocation: 305 a. Materially interferes with the safe operation of 306 traffic control equipment. 307 b. Materially interferes with sight lines or clear zones 308 for transportation, pedestrians, or public safety purposes. 309 c. Materially interferes with compliance with the 310 Americans with Disabilities Act or similar federal or state 311 standards regarding pedestrian access or movement. 312 d. Materially fails to comply with the 2010 edition of the 313 Florida Department of Transportation Utility Accommodation 314 Manual. 315 e. Fails to comply with applicable codes. 316 12. An authority may adopt by ordinance provisions for 317 insurance coverage, indemnification, performance bonds, security 318 funds, force majeure, abandonment, authority liability, or 319 authority warranties. Such provisions must be reasonable and 320 nondiscriminatory. 321 13. Collocation of a small wireless facility on an 322 authority utility pole does not provide the basis for the 323 imposition of an ad valorem tax on the authority utility pole. 324 14. An authority may reserve space on authority utility 325 17.F.2 Packet Pg. 1626 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 14 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S poles for future public safety uses. However, a reservation of 326 space may not preclude collocation of a small wireless facility. 327 If replacement of the authority utility pole is necessary to 328 accommodate the collocation of the small wireless facility and 329 the future public safety use, the pole replacement is subject to 330 make-ready provisions and the replaced pole shall accommodate 331 the future public safety use. 332 15. A structure granted a permit and installed pursuant to 333 this subsection shall comply with chapter 333 and federal 334 regulations pertaining to airport airspace protections. 335 (e) An authority may not require approval or require fees 336 or other charges for: 337 1. Routine maintenance; 338 2. Replacement of existing wireless facilities with 339 wireless facilities that are substantially similar or of the 340 same or smaller size; or 341 3. Installation, placement, maintenance, or replacement of 342 micro wireless facilities that are suspended on cables strung 343 between existing utility poles in compliance with applicable 344 codes by or for a communications services provider authorized to 345 occupy the rights-of-way and who is remitting taxes under 346 chapter 202. 347 348 Notwithstanding this paragraph, an authority may require a 349 right-of-way permit for work that involves excavation, closure 350 17.F.2 Packet Pg. 1627 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 15 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of a sidewalk, or closure of a vehicular lane. 351 (f) Collocation of small wireless facilities on authority 352 utility poles is subject to the following requirements: 353 1. An authority may not enter into an exclusive 354 arrangement with any person for the right to attach equipment to 355 authority utility poles. 356 2. The rates and fees for collocations on authority 357 utility poles must be nondiscriminatory, regardless of the 358 services provided by the collocating person. 359 3. The rate to collocate small wireless facilities on an 360 authority utility pole may not exceed $150 per pole annually. 361 4. Agreements between authorities and wireless providers 362 that are in effect on July 1, 2017, and that relate to the 363 collocation of small wireless facilities in the right-of-way, 364 including the collocation of small wireless facilities on 365 authority utility poles, remain in effect, subject to applicable 366 termination provisions. The wireless provider may accept the 367 rates, fees, and terms established under this subsection for 368 small wireless facilities and utility poles that are the subject 369 of an application submitted after the rates, fees, and terms 370 become effective. 371 5. A person owning or controlling an authority utility 372 pole shall offer rates, fees, and other terms that comply with 373 this subsection. By the later of January 1, 2018, or 3 months 374 after receiving a request to collocate its first small wireless 375 17.F.2 Packet Pg. 1628 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 16 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S facility on a utility pole owned or controlled by an authority, 376 the person owning or controlling the authority utility pole 377 shall make available, through ordinance or otherwise, rates, 378 fees, and terms for the collocation of small wireless facilities 379 on the authority utility pole which comply with this subsection. 380 a. The rates, fees, and terms must be nondiscriminatory 381 and competitively neutral and must comply with this subsection. 382 b. For an authority utility pole that supports an aerial 383 facility used to provide communications services or electric 384 service, the parties shall comply with the process for make-385 ready work under 47 U.S.C. s. 224 and implementing regulations. 386 The good faith estimate of the person owning or controlling the 387 pole for any make-ready work necessary to enable the pole to 388 support the requested collocation must include pole replacement 389 if necessary. 390 c. For an authority utility pole that does not support an 391 aerial facility used to provide communications services or 392 electric service, the authority shall provide a good faith 393 estimate for any make-ready work necessary to enable the pole to 394 support the requested collocation, including necessary pole 395 replacement, within 60 days after receipt of a complete 396 application. Make-ready work, including any pole replacement, 397 must be completed within 60 days after written acceptance of the 398 good faith estimate by the applicant. Alternatively, an 399 authority may require the applicant seeking to collocate a small 400 17.F.2 Packet Pg. 1629 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 17 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S wireless facility to provide a make-ready estimate at the 401 applicant's expense for the work necessary to support the small 402 wireless facility, including pole replacement, and perform the 403 make-ready work. If pole replacement is required, the scope of 404 the make-ready estimate is limited to the design, fabrication, 405 and installation of a utility pole that is substantially similar 406 in color and composition. The authority may not condition or 407 restrict the manner in which the applicant obtains, develops, or 408 provides the estimate or conducts the make-ready work subject to 409 usual construction restoration standards for work in the right-410 of-way. The replaced or altered utility pole shall remain the 411 property of the authority. 412 d. An authority may not require more make-ready work than 413 is required to meet applicable codes or industry standards. Fees 414 for make-ready work may not include costs related to preexisting 415 damage or prior noncompliance. Fees for make-ready work, 416 including any pole replacement, may not exceed actual costs or 417 the amount charged to communications services providers other 418 than wireless services providers for similar work and may not 419 include any consultant fee or expense. 420 (g) For any applications filed before the effective date 421 of ordinances implementing this subsection, an authority may 422 apply current ordinances relating to placement of communications 423 facilities in the right-of-way related to registration, 424 permitting, insurance coverage, indemnification, performance 425 17.F.2 Packet Pg. 1630 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 18 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S bonds, security funds, force majeure, abandonment, authority 426 liability, or authority warranties. Permit application 427 requirements and small wireless facility placement requirements, 428 including utility pole height limits, that conflict with this 429 subsection shall be waived by the authority. 430 (h) Except as provided in this section or specifically 431 required by state law, an authority may not adopt or enforce any 432 regulation on the placement or operation of communications 433 facilities in the rights-of-way by a provider authorized by 434 state law to operate in the rights-of-way and may not regulate 435 any communications services or impose or collect any tax, fee, 436 or charge not specifically authorized under state law. This 437 paragraph does not alter any law regarding an authority's 438 ability to regulate the relocation of facilities. 439 (i) A wireless provider shall, in relation to a small 440 wireless facility, utility pole, or wireless support structure 441 in the public rights-of-way, comply with nondiscriminatory 442 undergrounding requirements of an authority that prohibit above-443 ground structures in public rights-of-way. Any such requirements 444 may be waived by the authority. 445 (j) A wireless infrastructure provider may apply to an 446 authority to place utility poles in the public rights-of-way to 447 support the collocation of small wireless facilities. The 448 application must include an attestation that small wireless 449 facilities will be collocated on the utility pole or structure 450 17.F.2 Packet Pg. 1631 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 19 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and will be used by a wireless services provider to provide 451 service within 9 months after the date the application is 452 approved. The authority shall accept and process the application 453 in accordance with subparagraph (d)6. and any applicable codes 454 and other local codes governing the placement of utility poles 455 in the public rights-of-way. 456 (k) This subsection does not limit a local government's 457 authority to enforce historic preservation zoning regulations 458 consistent with the preservation of local zoning authority under 459 47 U.S.C. s. 332(c)(7), the requirements for facility 460 modifications under 47 U.S.C. s. 1455(a), or the National 461 Historic Preservation Act of 1966, as amended, and the 462 regulations adopted to implement such laws. An authority may 463 enforce local codes, administrative rules, or regulations 464 adopted by ordinance in effect on April 1, 2017, which are 465 applicable to a historic area designated by the state or 466 authority. An authority may enforce pending local ordinances, 467 administrative rules, or regulations applicable to a historic 468 area designated by the state if the intent to adopt such changes 469 has been publicly declared on or before April 1, 2017. An 470 authority may waive any ordinances or other requirements that 471 are subject to this paragraph. 472 (l) This subsection does not authorize a person to 473 collocate or attach wireless facilities, including any antenna, 474 micro wireless facility, or small wireless facility, on a 475 17.F.2 Packet Pg. 1632 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 20 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S privately owned utility pole, a utility pole owned by an 476 electric cooperative or a municipal electric utility, a 477 privately owned wireless support structure, or other private 478 property without the consent of the property owner. 479 (m) The approval of the installation, placement, 480 maintenance, or operation of a small wireless facility pursuant 481 to this subsection does not authorize the provision of any 482 voice, data, or video communications services or the 483 installation, placement, maintenance, or operation of any 484 communications facilities other than small wireless facilities 485 in the right-of-way. 486 (n) This subsection does not affect provisions relating to 487 pass-through providers in subsection (6). 488 (o) This subsection does not authorize a person to 489 collocate or attach small wireless facilities or micro wireless 490 facilities on a utility pole, unless otherwise permitted by 491 federal law, or erect a wireless support structure in the right-492 of-way located within a retirement community that: 493 1. Is deed restricted as housing for older persons as 494 defined in s. 760.29(4)(b); 495 2. Has more than 5,000 residents; and 496 3. Has underground utilities for electric transmission or 497 distribution. 498 499 This paragraph does not apply to the installation, placement, 500 17.F.2 Packet Pg. 1633 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 21 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S maintenance, or replacement of micro wireless facilities on any 501 existing and duly authorized aerial communications facilities, 502 provided that once aerial facilities are converted to 503 underground facilities, any such collocation or construction 504 shall be only as provided by the municipality's underground 505 utilities ordinance. 506 (p) This subsection does not authorize a person to 507 collocate or attach small wireless facilities or micro wireless 508 facilities on a utility pole, unless otherwise permitted by 509 federal law, or erect a wireless support structure in the right-510 of-way located within a municipality that: 511 1. Is located on a coastal barrier island as defined in s. 512 161.053(1)(b)3.; 513 2. Has a land area of less than 5 square miles; 514 3. Has fewer than 10,000 residents; and 515 4. Has, before July 1, 2017, received referendum approval 516 to issue debt to finance municipal-wide undergrounding of its 517 utilities for electric transmission or distribution. 518 519 This paragraph does not apply to the installation, placement, 520 maintenance, or replacement of micro wireless facilities on any 521 existing and duly authorized aerial communications facilities, 522 provided that once aerial facilities are converted to 523 underground facilities, any such collocation or construction 524 shall be only as provided by the municipality's underground 525 17.F.2 Packet Pg. 1634 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) ENROLLED CS/CS/HB 687 2017 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0687-03-er Page 22 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S utilities ordinance. 526 (q) This subsection does not authorize a person to 527 collocate small wireless facilities or micro wireless facilities 528 on an authority utility pole or erect a wireless support 529 structure in a location subject to covenants, conditions, 530 restrictions, articles of incorporation, and bylaws of a 531 homeowners' association. This paragraph does not apply to the 532 installation, placement, maintenance, or replacement of micro 533 wireless facilities on any existing and duly authorized aerial 534 communications facilities. 535 Section 2. This act shall take effect July 1, 2017. 536 17.F.2 Packet Pg. 1635 Attachment: House Bill 687 (3391 : Ordinance Establishing Requirements for Communications Facilities in County rights-of-way) 17.F.3 Packet Pg. 1636 Attachment: Legal Ad - Communication Facilities - rights-of-way (3391 : Ordinance Establishing Requirements for Communications Facilities in