USE OF PUBLIC RIGHTS-OF-WAY BY COMMUNICATION SYSTEMS

Miami City Code ch. 54, art. VIII

in effect

Miami City Code § 54-296 Statement of purpose and conflicts.

Sec. 54-296. - Statement of purpose and conflicts. The city commission hereby finds and declares that it is necessary and reasonable for this article to: (1) Establish a reasonable, nondiscriminatory, and competitively neutral policy for the use of public rights-of-way for the provision of communications services; and (2) Manage the public rights-of-way to protect the public health, safety and welfare and minimize disruption of services in the public rights-of-way by establishing reasonable, nondiscriminatory, and competitively neutral regulations governing the placement or maintenance of communications facilities in the public rights-of-way by providers of communications services, which rules are generally applicable to all persons using the public rights-of-way for the provision of communications services. In the event that there is a direct conflict between the provisions of this article with any other provisions of this chapter, the provisions in this article shall govern. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-297 Definitions.

Sec. 54-297. - Definitions. For the purposes of this article and any permits issued in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission and/or with F.S. § 337.401, as amended: Abandonment or abandon means the permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. The terms abandonment or abandon are not intended to include a dropped line from a potential or existing customer in the event the communications service provider reasonably anticipates future use of the dropped line. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services. Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization and local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, and includes the National Electric Safety Code and the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual. Applicant means a person who submits an application pursuant to this article. Application means a request submitted by an applicant to the city for a permit to place communications facilities in the public rights-of-way, including but not limited to the collocation of small wireless facilities and the placement of new utility poles used to support small wireless facilities. Collocate or collocation means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way. Communications facility or facility or system shall mean any permanent or temporary plant, equipment or property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, handholes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide, or offer communications services. Communications services shall mean the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of protocol used for such transmission or conveyance. Communications service provider shall mean any person including a municipality or county providing communications services through the placement or maintenance of a communications facility in public rights-of-way. "Communication services provider" shall also include any person that places or maintains a communications facility in public rights-of-way but does not provide communications services. Director shall mean the director of resilience and public works department or his or her designee. FCC means the Federal Communications Commission or its legally appointed successor. In public rights-of-way or in the public rights-of-way shall mean in, on, over, under or across the public rights-of-way. Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches. Pass-through provider means the definition ascribed in F.S. § 337.401(6)(a)1. Permit shall mean a construction permit issued by the resilience and public works department. Person shall mean any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations. Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public right-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. Public rights-of-way shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the city is the authority that has jurisdiction and control and may lawfully grant access to and issue permits pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities, or other structure or improvements, regardless of whether they are situated in the public right-of-way. Registrant shall mean a communications services provider that has registered with the director in accordance with the provisions of this article. Registration or register shall mean the process described in this chapter whereby a communications services provider provides the required information to the director. Small wireless facility means a wireless facility that meets the following qualifications: (1) Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and (2) All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and Utility Poles or other support structures. Utility pole means a pole or similar structure that is used in whole or in part to provide communication services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the city grants a waiver for such pole. Wireless facility means equipment at a fixed location which enables wireless communications between user equipment and a communications network including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include (a) the structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated; or (b) wireline backhaul facilities; or (c) coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. Wireless infrastructure provider means a person who has been certificated under F.S. ch. 364, to provide telecommunications service or under F.S. ch. 610, to provide cable or video services in this state, or that person's affiliate, and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider. Wireless provider means a wireless infrastructure provider or a wireless services provider. Wireless services means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. Wireless services provider means a person who provides wireless services. Wireless support structure means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole, pedestal, or other support structure for ground-based equipment not mounted on a utility pole and less than five feet in height. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-298 Service of notice.

Sec. 54-298. - Service of notice. All notices required to be given to the city under any provision of this article shall be deemed served when received through the U.S. mail or delivered by hand in writing to the city resilience and public works director or to any person in charge of the division during normal business hours. Any notice required to be given to a communications service provider under any provision of this article shall be deemed given, whether actually received or not, if sent by United States registered or certified mail, return receipt requested, postage prepaid, and addressed to the communications service provider at the address given in its most recently issued permit. When providing notice, the communications service provider and city will also provide such notice by electronic mail. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-299 No liability or warranty.

Sec. 54-299. - No liability or warranty. This article shall not be construed to create or hold the city responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any permit nor the approval or disapproval of any installation authorized herein constitute any representation, guarantee or warranty of any kind by, nor create any liability upon the city or any official, agent or employee thereof. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-300 Registration required.

Sec. 54-300. - Registration required. (a) A registration from the city is required to commence or engage in the construction, maintenance or occupation of the public right-of-way with a system designed to deliver communications services by utilizing the public rights-of-way. No public rights-of-way construction permits shall be issued to a communications service provider without a registration issued under this article. (b) A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter governs only the placement or maintenance of communications facilities in public rights-of-way. Other ordinances, codes or regulations may apply to the placement or maintenance in the public rights-of-way of facilities that are not communications facilities. Registration does not excuse a communications services provider from obtaining appropriate access or utility pole attachment agreements before locating its facilities on the city's or another person's facilities. Registration does not excuse a communications services provider from complying with all applicable codes. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-301 Rights granted by registration.

Sec. 54-301. - Rights granted by registration. (a) Subject to all existing permitting processes, the registrant is authorized to occupy, install, lay, erect, construct, remove, relocate and maintain in, on, over or upon any and all of the public right-of-way, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the city or in such territory as may be hereafter added to, consolidated or annexed to the city, any and all such conduits, cables, fiber optic lines, utility poles, wires, supports and other structures and appurtenances as may be reasonably necessary for the construction, maintenance and operation of a communications system. Except as provided above, this registration does not convey the right to attach cable or conduit to utility poles or occupy or use real or personal property owned by the city. (b) Any registration granted under this article shall be non-exclusive, and the issuance of a registration will not expressly or implicitly preclude the city from issuance of other registrations to communications services providers or affect the city's right to authorize use of public rights-of-way for other lawful purposes to other persons as it determines appropriate. (c) This registration authorizes the registrant to use the public rights-of-way to provide communications services only. Use of the public rights-of-way for any other purpose requires separate authorization. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-302 Term and renewal.

Sec. 54-302. - Term and renewal. A registrant shall renew its registration with the director by October 1 of every five years in accordance with the registration requirements in this chapter. Within 90 days of any change in the information required to be submitted pursuant to section 54-305, a registrant shall provide updated information to the director. If no information in the then-existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the director restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this article. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-303 Communications services tax.

Sec. 54-303. - Communications services tax. (a) Each registrant that provides communications services shall collect and remit to the Florida Department of Revenue the communications services tax pursuant to F.S. ch. 202. (b) In the event that state law is amended to allow collection of license fees from communications services providers, or in the event that state law preempting the collection of such license fee is declared void by a court of competent jurisdiction, the provisions contained in this section shall automatically revert to those provisions contained in this section in effect on the date of adoption of this chapter to the extent those provisions are not inconsistent with state law. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-304 Registration application procedure; information required.

Sec. 54-304. - Registration application procedure; information required. (a) To obtain a registration under this article, a person shall apply in writing to the director. (b) Each request for an initial registration shall include the following: (1) The name, street address and telephone number of the registrant or communications service provider. (2) The name, street address and telephone number of the registrant's or communications service provider's primary contact person in connection with the registration, and the person to contact in case of an emergency. (3) The number of the communications service provider's current certificate of authorization issued by the Florida Public Service Commission, the FCC, or the Department of State. (4) Insurance and bonding documents as required by this article. (5) A statement of whether the registrant is a pass-through provider. (c) In the event any registration information provided in section 54-305 changes, registrant shall update applicable registration information with 90 days after such change(s) occur. Updates shall be sent to the director in writing or by electronic email. (d) A registrant may cancel a registration upon written notice to the director stating that it will no longer place or maintain any communications facilities within the public rights-of-way and will no longer need to obtain permits to perform work in public rights-of-way. A registrant shall not cancel a registration if the registrant continues to place or maintain any communications facilities in any public rights-of-way. (e) Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a communications facility in public rights-of-way within the city but shall establish for the Registrant a right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this article and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted. In accordance with applicable codes, a permit may be required for a communications services provider that desires to place or maintain a communications facility in public rights-of-way. A registration shall be a condition of obtaining a permit. Notwithstanding a registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a registrant having a registration if all permitting requirements are met. (f) A communications services provider with an existing communications facility in the public rights-of-way of the city has 60 days from the effective date of this article to comply with the registration requirements of this article. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-305 Issuance and denial of registration.

Sec. 54-305. - Issuance and denial of registration. The director has the authority to and shall grant a registration to a communications service provider who files a completed application and complies with the application requirements herein; provided, however, the director shall have the authority to deny a registration if the communications service provider fails to meet the registration requirements, the registrant is subject to pending code enforcement action or the proposed use of the public rights-of-way presents a danger to the general public and other users of the public rights-of-way. The director shall issue or deny the registration within 14 calendar days of communications service provider submitting a complete registration application. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-306 Notice of transfers, sales or assignments of assets in public rights-of-way.

Sec. 54-306. - Notice of transfers, sales or assignments of assets in public rights-of-way. If a registrant transfers, sells, or assigns its assets located in a public rights-of-way incident to a transfer, sale or assignment of the registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this article. Written notice of any such transfer, sale or assignment shall be provided by such registrant to the director within 60 days after the effective date of the transfer, sale, or assignment. If the transferee, buyer or assignee is a current registrant, then the transferee, buyer or assignee is not required to re-register. If the transferee, buyer or assignee is not a current registrant, then the transferee, buyer or assignee shall register as provided in section 54-305 within 60 days of the transfer, sale or assignment. If permit applications are pending in the registrant's name, the transferee, buyer or assignee shall notify the resilience and public works department that the transferee, buyer or assignee is the new applicant. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-307 Termination of registration.

Sec. 54-307. - Termination of registration. The city may declare a forfeiture and termination of, and revoke and cancel all rights granted under the registration if (a) a federal or state authority suspends, denies, or revokes a communications services provider's certification to provide communications services; (b) the registrant's use of the public rights-of-way presents a danger to the general public and other users of the public rights-of-way; (c) the registrant has abandoned its communications facilities in the public rights-of-way and has not complied with section 54-322; (d) the registrant is subject to code enforcement action; or (e) the registrant is in violation of any other ordinance, regulation, law, or statute. Prior to such termination by the city, the registrant shall be served by the city with a written notice setting forth all matters pertinent to the termination action, including which of (a) through (e) above is applicable as the reason therefore, and describing the action of the city with respect thereto. The registrant shall have 60 days after service of such notice within which to address or eliminate the reason, or within which to present a plan, satisfactory to the city, to accomplish the same. In the event of such termination, the registrant shall, within a reasonable time following demand by the city, remove or abandon the communications facilities and take such steps as are necessary to render every portion of the communications facilities remaining within the public rights-of-way of the city safe, and shall thereupon be deemed to have abandoned same in its entirety; and the same shall thereupon become the sole property of the city without payment to the registrant. If the city agrees to abandonment, the registrant shall incur, from that time forward, no future obligations with respect to the communications facilities. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-308 Failure to enforce registration.

Sec. 54-308. - Failure to enforce registration. The registrant shall not be excused from complying with any of the terms and conditions of this article by any failure of the city, upon any one or more occasions, to require the registrant's performance or compliance with any one or more of such terms or conditions. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-309 Bonds.

Sec. 54-309. - Bonds. (a) Prior to issuing a permit under this article wherein the work under the permit may require restoration of the city's public rights-of-way, the city shall require from the applicant a construction bond by a surety duly authorized to do business in the State of Florida and having an A.M. Best A-VII rating or better in order to secure restoration to the preconstruction condition bond. The bond or letter of credit shall be in the amount of 115 percent of the estimated costs of restoration based upon the formula provided in subsection 54-42(c) and shall be time-limited to 18 months after the construction to which the bond or letter of credit applies is completed and the permit is closed. At the option of the applicant, the applicant may provide a single construction bond or irrevocable letter of credit covering multiple permits for work in the city's right(s)-of-way in lieu of any requirement that a separate construction bond or irrevocable letter of credit be provided for each individual permit every 18 months. In the event an applicant elects to provide a single construction bond or irrevocable letter of credit covering multiple permits, the amount shall be calculated using the formula herein for open permits at the time of providing the bond or irrevocable letter of credit and the bond or irrevocable letter of credit shall be renewed and the amount recalculated every 18 months. In any event, an applicant may reduce the bond or irrevocable letter of credit amount attributable to any particular permit 18 months after the construction related to such permit is completed and after the city has inspected and approved the construction and restoration and closed the permit. (b) None of the provisions of this section nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city hereunder, shall be construed to excuse the faithful performance by or limit the liability of the registrant under this article or any registration issued in accordance herewith or for damages either to the full amount of such bond or otherwise. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-310 Insurance and indemnity.

Sec. 54-310. - Insurance and indemnity. (a) Insurance. (1) A communications service provider shall provide, pay for, and maintain with companies reasonably satisfactory to the city the types of insurance described in this section. All insurance shall be from responsible companies duly authorized to do business in the state and having a financial rating in Best's Insurance Guide of A-Class VI or better. All required liability policies, excluding workers compensation and employers liability shall list the city as an additional insured on all liability policies, including but not limited to commercial general liability, auto, and umbrella and pollution as may be applicable to such communications service provider's operations in the public rights-of-way and shall include a severability of interest provision. The required coverages must be evidenced by properly executed certificates of insurance. Renewal certificates shall be provided to the director at least three days prior to the expiration of the current coverages. The certificates must be signed by the authorized representative of the insurance company. Thirty days written notice of cancellation by the insurer for any reason other than non-payment of premium must be given to the city for the required policy coverages. (2) The limits and types of coverage of insurance required shall not be less than the following: a. Commercial general liability insurance. Commercial general liability insurance shall be written on CG 00 01 04 13 or an equivalent substitute form affording coverage for bodily injury including death and property damage with limits of $1,000,000.00 per occurrence and $2,000,000.00 policy aggregate. Such policy shall include coverage for premises and operations, products and completed operations, and personal and advertising injury liability. The certificate or policies of insurance should further provide coverage for and against contingent and contractual exposures and XCU hazards, and must list the city as an additional insured on a primary and non contributory basis. Completed operations coverage shall also be maintained for a minimum of one year following the cessation of the placement of communications facilities in the public rights-of-way. b. Commercial automobile liability insurance. Commercial automobile liability insurance shall be maintained insuring all owned autos, and including coverage for, non-owned, leased and hired vehicles. The combined bodily injury and property damage limit shall not be less than $500,000.00 each accident. c. Workers' compensation/employer's liability insurance. Workers' compensation insurance shall cover all employees engaged in work for the communications service provider in accordance with the laws of the state. The employer's liability limit shall be in an amount not less than the statutory limit for workers' compensation in the State of Florida. (3) Notwithstanding the foregoing, a communications service provider may provide such coverage through an actuarially sound and prudent self-insurance program that is reasonably satisfactory to the city. (b) Indemnification. A communications service provider shall indemnify, defend and hold harmless the city and its officers, directors, agents, servants, employees, successors, and assigns of and from any and all claims for personal injury, death or property damage, any other losses, damages, charges or expenses, and any orders, judgments or decrees which may be entered, which arise out of, in connection with, or attributable to, such communications service provider's acts or omissions in connection with its activities in the public rights-of-way and the placement, maintenance, relocation or removal by such communications service provider of any portion of its communications facilities, except for liabilities not caused by the communications service provider, including liabilities arising directly and wholly from the city's negligence, gross negligence, or willful conduct. Such communications service provider shall undertake at its own expense the defense of any action which may be brought against the city for damages, injunctive relief or for any other cause of action or claim arising or alleged to have arisen out of, in connection with the operations of the communication service provider in connection with a permit. The communications service provider shall promptly pay the final judgment together with all costs relating thereto; such communications service provider being allowed, however, an appeal or appeals to the appropriate court or courts from the judgment rendered in any such suit or action upon the filing of such bond as shall be required to prevent levy or judgment against the city during such appeal or appeals. Pursuant to F.S. § 337.401, this indemnification does not extend to liabilities not caused by the communications services provider, including liabilities arising from the city's negligence, gross negligence, or willful conduct. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-311 Police powers.

Sec. 54-311. - Police powers. Nothing in this article or in any registration issued in accordance herewith shall be construed as an abrogation by the city of any of its police powers. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-312 Florida Consumer Choice Act of 2007.

Sec. 54-312. - Florida Consumer Choice Act of 2007. This chapter 54 shall be construed in accordance with the Florida Consumer Choice Act of 2007 ("the Act") so that the city shall retain all rights and obligations permitted by the Act to be retained by the city as of June 30, 2007, and so that the obligations and rights of all persons which have previously obtained permits and previously entered into agreements with the city and all persons which shall obtain permits in the future and enter into agreements with the city in the future for work to be performed or conducted within and any related maintenance and restoration of the city's public right-of-way as defined in section 54-1, as amended, and for any other continuing obligation to the city as permitted by law, shall be construed as in force as of June 30, 2007, and so as to comply with the nondiscriminatory mandate of the Act. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-313 Technical standards.

Sec. 54-313. - Technical standards. (a) All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of a communications system provided for herein shall be in accordance with all applicable FCC and other federal, state and local laws and regulations, including but not limited to the most recent editions of the Florida Building Code, National Electrical Code and the National Electrical Safety Code. (b) Engineering plan. An engineering plan signed and sealed by a licensed engineer, or prepared by a person who is exempt from license requirements pursuant to F.S. § 471.003, that includes the following: (1) For any application that seeks to collocate a small wireless facility on an existing utility pole or place at-grade facilities in the public rights-of-way, a site plan demonstrating that the proposed location is within the public rights-of-way and documenting the edge of pavement, sidewalks, driveways, ramps, trees, ground-mounted equipment, structures, or other at-grade facilities located in the public rights-of-way within 50 feet of the proposed facility, including the full width of the right-of-way with sufficient specificity to demonstrate compliance with applicable codes. (2) For any application that seeks to replace or place a new utility pole in the public rights-of-way to support a communications facility, a site plan demonstrating that the proposed location is within the public rights-of-way and documenting the edge of pavement, sidewalks, driveways, ramps, trees, ground-mounted equipment, structures, or other above-grade and at-grade facilities located in the public rights-of-way within 50 feet of the proposed facility, including the full width of the right of way with sufficient specificity to demonstrate compliance with applicable codes; (3) The type, location, dimensions, height, footprint, design, and concealment features (if applicable) of the proposed facility; (4) A statement that the proposed facility will not materially interfere with the safe operation of traffic control equipment, sight lines, clear zones, or result in the public rights-of-way being inconsistent with the Florida Department of Transportation Utility Accommodation Manual (current edition at the time of permit application); and (5) A statement that the proposed facility will not materially interfere with compliance with the Americans with Disabilities Act or similar federal, state, or municipal standards regarding pedestrian access or movement. (6) Trees or landscaping to be removed or impacted upon the placement or maintenance of the proposed facility. (7) The method by which the facility will be installed and/or modified (i.e. anticipated construction methods or techniques) and timetable. (8) A temporary sidewalk closure plan, traffic lane closure plan, and maintenance of traffic plan, if applicable, to accommodate placement or maintenance of the facility. (9) A restoration plan and a good faith estimate of the cost of restoration of the public rights-of-way to its original condition. (c) Indemnification. A statement shall be included with the permit application or request that by execution of the application or request for the permit, the registrant shall be bound to the city with respect to indemnification provisions set forth in this article, and specifically subsection 54-310(b). (d) Airport airspace protection. If applicable, certification of compliance with F.S. ch. 333, and all city, state and federal laws and regulations pertaining to airport airspace protections. (e) Attestation. For wireless infrastructure providers proposing placement of a new utility pole in the public rights-of-way, the application must include an attestation that small wireless facilities will be collocated on the new utility pole and will be used by a wireless services provider to provide service within nine months after the date the application is approved by the city or prior to the expiration date of the permit, whichever is later. (f) For an application for a new utility pole to support the collocation of a small wireless facility, the applicant shall provide information regarding the height and location of the tallest utility pole located in the same public rights-of-way as of July 1, 2017, measured from grade in place within 500 feet of the proposed location of the utility pole. If there is no utility pole within 500 feet of the proposed utility pole as of July 1, 2017, the applicant shall state so in the application. (g) In addition to the requirements herein, as part of any permit application for a small wireless facility, the applicant shall provide documentation from a licensed engineer, or a person who is exempt from license requirements pursuant to F.S. 471.003, that the structure and foundation of the utility pole intended to support the collocation of the small wireless facility can support the additional load of the proposed small wireless facility consistent with applicable codes. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-314 Objective design standards.

Sec. 54-314. - Objective design standards. (a) A new communications/small wireless utility pole that replaces an existing utility pole or is a new installation utility pole must be of substantially similar design, material, and color to the existing streetlights or the streetlights in the master planned area for the work location; or a decorative, camouflage style, metal or concrete small wireless utility pole, powder coated in black or grey to blend with existing facilities in the area. (b) Wires, cables, and equipment to be collocated on a communications/small wireless utility pole shall be within the utility pole or if not possible to be within the utility pole, covered with a shroud or conduit that is of the same color as the utility pole. No exposed wires or cables are permitted. (c) The ground mounted component of a small wireless facility shall be located directly abutting the communications/small wireless utility pole. In cases where this is not possible, the city may require the location of a ground mounted component of a small wireless facility to be located up to 15 feet from the associated wireless support structure within the public rights-of-way. If the area surrounding the ground mounted component is sufficient to allow for landscaping, then screening elements must be installed, as approved by the director of the department of resilience and public works. (d) Such design standards under this section may be waived by the director upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or utility pole or are technically infeasible or that the design standards impose an excessive expense. The waiver must be granted or denied within 45 days after the date of the request. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-315 Permit procedures and timeframes.

Sec. 54-315. - Permit procedures and timeframes. (a) The city's action on applications to place or maintain communications facilities in the public right-of-way are subject to the requirements, standards, and time frames set out in F.S. § 337.401(7), as same may be amended from time to time; and 47 U.S.C. § 1455(a) and orders issued by the FCC, both as may be amended from time to time. Applications will be processed on a nondiscriminatory basis pursuant to F.S. § 337.401, as may be amended from time to time. (b) A permit shall not be required for the following: (1) Routine maintenance, the performance of service restoration work on existing facilities, or repair work, including but not limited to emergency repairs of existing facilities or extensions of such facilities for providing communications services to customers; (2) Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; notwithstanding, the applicant must submit a letter to the city attesting that the micro wireless facility dimensions are the same, substantially similar, or smaller; (3) Installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by or for a communications service provider authorized to occupy the public rights-of-way and who is remitting taxes under [F.S.] ch. 202. The applicant must submit a letter to the city attesting that the micro wireless facility complies with the limits of F.S. § 337.401(7)(b)9; or (4) Maintenance, repair, replacement, extension, or upgrade of existing aerial wireline communications facilities on utility poles or for aerial wireline facilities between existing wireline communications facility attachments on utility poles by a communications services provider. (c) Notwithstanding the exceptions to permit requirements contained in subsection (b), a registrant shall obtain from the city any permit(s), if required, for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane or parking lane, unless the communications service provider is performing service restoration on an existing communications facility and the work is done in compliance with the Florida Department of Transportation Utility Accommodation Manual. In the event excavation, closure of a sidewalk, vehicular or parking lane is required in connection with the service restoration of an existing communications facility, the communications services provider shall apply for an after-the-fact permit within 30 days following any restoration for work that would have otherwise required a permit. Prior to performing excavation work in the public rights-of-way, communications service providers are encouraged to obtain photographic or video documentation of the pre-construction condition of the public rights-of-way in the area to be affected by such work. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-316 Use of streets and utility pole attachments.

Sec. 54-316. - Use of streets and utility pole attachments. (a) Before commencing construction of its communications system in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the city, the registrant shall first obtain the written approval of, and all other necessary permits from, all appropriate city agencies, including but not limited to the department of resilience and public works. Applications for such approval shall be made in the form prescribed by the director or his/her authorized designee. (b) Upon obtaining such written approval, the registrant shall give the department of resilience and public works written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten days or more than 30 days, before such commencement, except for emergency repairs of existing lines or cables. (c) Any person who submits a request for a permit in accordance herewith shall include therein written consent for the use of existing utility poles and conduits, if applicable, from the owner(s) of such facilities to be used or affected by the construction of the proposed telecommunication system, which agreements shall become effective on the date of execution of the permit issued in accordance herewith in the event that such person is issued a permit. (d) It shall be unlawful for the registrant or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of this section shall subject the registrant to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the city. (e) The registrant shall restore any street or sidewalk it has disturbed in accordance with the provisions of the city's standard specifications for streets and sidewalks and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner. (f) The registrant shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the city because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, city-owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare subject to F.S. chs. 403 and 404, or upon termination or expiration of the registration. (g) The registrant shall obtain written approval from the department of resilience and public works and other appropriate city agencies before erecting any new poles or underground conduits where none exist. The city encourages the use of existing utility poles and discourages redundant utility poles. (h) The registrant shall maintain all wires, conduits, cables, utility poles, handholes, and other real and personal property and facilities in good condition, order and repair. (i) The registrant shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the city, detailed by linear foot. (j) The registrant shall comply with all applicable codes governing the construction and installation of communications systems. In addition: (1) All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires. (2) Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations. (3) All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the resilience and public works director. (4) The registrant upon reasonable notice by the city shall temporarily remove, adjust, raise or lower its facilities within the right-of-way when the city determines that such action is needed for public use of the right-of-way including, but not limited to, the passage of nonstandard vehicles. The costs associated with such raising or lowering of such facilities shall be borne by the requesting party. (5) The registrant shall obtain the written permission of the owner including the city of any tree or other vegetation before it trims or prunes the same. (k) The height of a small wireless facility is limited to ten feet above the utility pole or structure upon with the small wireless facility is to be collocated. (l) The height for a new utility pole is limited to the tallest existing utility pole as of July 1, 2017, located in the same right of way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet, the height of the utility pole shall not exceed 50 feet. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-317 Collocation of small wireless facilities on city utility poles.

Sec. 54-317. - Collocation of small wireless facilities on city utility poles. Collocation of small wireless facilities on city utility poles is subject to the following requirements: (1) The city shall not enter into an exclusive arrangement with any person for the right to attach equipment to city utility poles. (2) The city hereby levies, establishes, and sets an annual rate to collocate small wireless facilities on city utility poles in the amount of $150.00 per utility pole annually per provider. (3) Agreements between the city and wireless providers that were in effect on July 1, 2017, and that relate to the prior collocation of small wireless facilities on city utility poles, remain in effect, subject to applicable termination provisions. The wireless provider may accept the rates, fees, and terms established under this section for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees, and terms become effective. (4) For a city utility pole that supports an aerial facility used to provide communications services or electric service by another, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The good faith estimate of the person owning or controlling the utility pole for any make-ready work necessary to enable the utility pole to support the requested collocation must include utility pole replacement if necessary. (5) For a city utility pole that does not support an aerial facility used to provide communications services or electric service by another, the city shall provide a good faith estimate for any make-ready work necessary to enable the city utility pole to support the requested collocation, including necessary utility pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any utility pole replacement, must be completed within 60 days after written acceptance of the good faith estimate by the applicant. Alternatively, the city may require the applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including utility pole replacement, and perform the make-ready work. If utility pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The city may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the public rights-of-way. The replaced or altered city utility pole shall remain the property of the city. (6) The city may not require more make-ready work than is required to meet applicable codes or industry standards. Fees for make-ready work may not include costs related to preexisting damage or prior noncompliance. Fees for make-ready work, including any utility pole replacement, may not exceed actual costs or the amount charged to communications service providers other than wireless providers for similar work and may not include any consultant fee or expense. (7) The city may reserve space on city utility poles for future public safety uses. However, a reservation of space may not preclude collocation of a small wireless facility. If replacement of a city utility pole is necessary to accommodate the collocation of the small wireless facility and the future public safety use, the utility pole replacement is subject to the make-ready provisions of this article and F.S. § 337.401(7), and the replaced utility pole shall accommodate the future public safety use. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-318 Undergrounding.

Sec. 54-318. - Undergrounding. (a) In an area where the city has required all public utility lines in the public rights-of-way to be placed underground, a wireless provider must comply with written, objective, reasonable, and nondiscriminatory requirements that prohibit new utility poles used to support small wireless facilities if: (1) The city, at least 90 days prior to the submission of an application, has required all public utility lines to be placed underground; (2) Structures that the city allows to remain above ground are reasonably available to wireless providers for the collocation of small wireless facilities and may be replaced by a wireless provider to accommodate the collocation of small wireless facilities; and (3) A wireless provider may install a new utility pole in the designated area in the public right-of-way that otherwise complies with this article and it is not reasonably able to provide wireless service by collocating on a remaining utility pole or other structure in the public right-of-way. (b) For small wireless facilities installed before the city adopts requirements that public utility lines be placed underground, the wireless provider may: (1) Maintain the small wireless facilities in place subject to any applicable utility pole attachment agreement with the utility pole owner; or (2) Replace the associated pole within 50 feet of the prior location in accordance with section 54-314. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-319 Permit denials.

Sec. 54-319. - Permit denials. The city may deny an application to collocate a small wireless facility or place a new utility pole used to support a small wireless facility if the proposed small wireless facility or utility pole used to support a small wireless facility: (1) Materially interferes with the safe operation of traffic control equipment. (2) Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes; (3) Materially interferes with compliance with the Americans with Disability Act or similar federal, state, or municipal standards regarding pedestrian access or movement; (4) Materially fails to comply with the Florida Department of Transportation Utility Accommodation Manual (current edition at the time of permit application); (5) Fails to comply with applicable codes; or (6) Fails to comply with the city's objective design standards. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-320 Redundant utility poles.

Sec. 54-320. - Redundant utility poles. F.S. § 366.97, provides a process that utility pole owners and an attaching entity must abide by regarding removal of utility poles and attachments thereto. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-321 Future rules by the director.

Sec. 54-321. - Future rules by the director. The director reserves the right to promulgate rules, regulations, forms, and procedures to implement the intention of this article. (Ord. No. 14150, § 2, 2-23-23)

Miami City Code § 54-322 Abandonment of facilities.

Sec. 54-322. - Abandonment of facilities. (a) Upon abandonment of a facility owned by a registrant in the public rights-of-way, the registrant shall notify the director within 60 days. All facilities that are abandoned and no longer in use by a registrant must be removed from the public rights-of-way. The director may further direct the removal by delivering written notice to remove all or any portion of such abandoned facility at the registrant's sole expense if the city determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such facility: (1) Compromises safety at any time for any public rights-of-way user or during construction or maintenance in public rights-of-way; (2) Prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; or (3) Creates a maintenance condition that is disruptive to the public rights-of-way's use. (b) In the event that the city does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city or a third party at such third party's cost. (c) If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a reasonable time period as may be required by the city under the circumstances, the city may perform such removal and charge the cost of the removal against the registrant. Any fees incurred by the city for removal of the facility shall be attached to any business tax receipt maintained by such entity in the city, and payment of such penalties shall be required prior to renewal of any such business tax receipt. (Ord. No. 14150, § 2, 2-23-23)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTVIIIUSPURI-WCOSYFetched: 11/1/2026