COMMUNICATION LINES WITHIN RIGHTS-OF-WAY

Orlando City Code ch. 54, art. VI

in effect

Orlando City Code § 54.66 License Requirement.

Sec. 54.66. - License Requirement. No person shall construct, operate or continue to operate a Private Communications System which occupies the streets, public ways and public places within the City without having been issued a Telecommunication Permit by the City Engineer, or a franchise for telephone services or a Cable Communications System by the City. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.67 Purpose.

Sec. 54.67. - Purpose. The purpose of this Article is: (a) To regulate the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of a private communications system in, upon, along, across, above, over, under or in any manner connected with the streets, public ways or public places within the corporate limits of the City, as now or in the future may exist; and (b) To provide the City with compensation for occupation and use of the City's rights of way for a private communications system; and (c) To provide the City with compensation for acquisition and maintenance of City's rights of way when used for commercial purposes; (d) To provide the City with compensation for the cost of regulation imposed by this article on a private communications system. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.68 Definitions.

Sec. 54.68. - Definitions. For the purposes of this Article and any Permit 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 Council. (1) Bureau means the Bureau of Engineering. (2) Cable Communications System means a nonbroadcast facility consisting of a set of transmission paths with associated signal generation, reception and control equipment, under common ownership and control, which distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations and is franchised by the City in accordance with Chapter 25 of this Code. (3) FCC means the Federal Communications Commission or its legally appointed successor. (4) Local Access Transport Area (LATA) means that geographic area and communications system in which the City of Orlando is located and in which Southern Bell or any subsequent telephone company is authorized by the Public Service Commission of Florida to provide local exchange access telecommunications services. (5) Local Telephone Service means: (a) The access to a local telephone system, and the privilege of telephonic-quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system; or (b) Any facility or service provided in connection with a service described in paragraph (a). The term "local telephone service" does not include any service which is a toll telephone service; private communication service; cellular mobile telephone or telecommunication service; specialized mobile telephone or telecommunication service; specialized mobile radio, or pagers and paging, service, including but not limited to "beepers" and any other form of mobile and portable one-way or two-way communication; or teletypewriter or computer exchange service. (6) Telecommunication Permit means the privilege granted by the City by which the City authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain repair, rebuild and replace a private communications system that occupies the streets, public ways or public places within the City. Any Telecommunication Permit issued in accordance herewith shall be a nonexclusive permit. (7) Permittee means the person or its legal successor in interest who is issued a Telecommunication Permit or Permits in accordance with the provisions of this Article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private communications system in the City. (8) Private Communications System means any communications lines, cables, equipment or facilities, not part of the LATA, part of a Cable Communications System franchised by the City, or part of a government-owned system, that in any manner is connected with the streets, public ways or public places within the corporate limits of the City, as now or in the future may exist, which: (i) are used to provide a toll telephone service, (ii) are used by a person or business entity to provide telecommunication services including but not limited to, telephone, telegram, teletypewriter or computer exchange services between different offices or facilities of the person, business entity or its affiliated companies, or (iii) are used to provide telecommunication services to other entities. (9) Street means any area established for vehicular or public access use or the entire width between the boundary lines of every way publicly maintained when any part thereof is open for public purposes. "Street" includes, but is not limited to, highway, avenue, road, alley, right of way, lane, boulevard, concourse, bridge, tunnel, parks, parkways and waterways. (10) Toll Telephone Service means: (a) A telephonic-quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or (b) A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Orlando City Code § 54.69 Service of Notice.

Sec. 54.69. - Service of Notice. All notices required to be given to the City under any provision of this Article shall be deemed served when delivered by hand in writing to the City Engineer or to any person in charge of the Bureau during normal business hours. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.70 No Liability or Warranty.

Sec. 54.70. - 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 Telecommunication 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. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.71 Length of Permit.

Sec. 54.71. - Length of Permit. (a) Any Telecommunication Permit issued by the City in accordance herewith shall be a nonexclusive permit for the use of the streets, public ways or public places within the City as specified in the Telecommunication Permit for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a Private Communications System. (b) Any Telecommunication Permit issued by the City shall continue in full force and effect so long as the Permittee is in compliance with this Article, all applicable Federal, State and local ordinances and regulations and the space occupied is not needed for a public purpose. (c) In the event any Telecommunication Permit shall be revoked, the applicable Private Communications System shall be removed from the streets, public ways and public places in accordance with the provisions of Section 54.80. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.72 Permit Locations.

Sec. 54.72. - Permit Locations. (a) Any Telecommunication Permit issued for a Private Communications System in accordance herewith shall apply only to the location or locations stated on the Telecommunication Permit or Permits. (b) Nothing in this Article shall be construed as a representation, promise or guarantee by the City that any other permit or other authorization required under any City ordinance for the construction or installation of a Private Communications System shall be issued. The requirements for any and all other permits as may be required by any City ordinance, including the Right-of-way Utilization Permit, shall still apply and all other applicable permit fees shall still be due. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.73 Technical Standards.

Sec. 54.73. - Technical Standards. All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance and dismantling of a Private 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 National Electrical Code and the National Electrical Safety Code. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.74 Powers and Duties of City Engineer.

Sec. 54.74. - Powers and Duties of City Engineer. The City Engineer shall have the following powers and duties: (1) Receive and review applications for Telecommunication Permits for any Private Communications System. (2) Review and audit all reports and filings submitted by the Permittee to the City pursuant to this Article. (3) Submit regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing, use, repairing, rebuilding or replacing of any Private Communications System established by Telecommunication Permit in accordance herewith to the Director of the Department of Public Works for promulgation. (Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.75 Bonds.

Sec. 54.75. - Bonds. (a) Unless the applicant supplies other acceptable financial guarantees or demonstrates financial responsibility satisfactory to the Director of Finance and the City Attorney, all persons submitting a request for a Telecommunication Permit to construct a Private Communications System in accordance herewith shall file with their request bonds solely for the protection of the City with a surety company or trust company or companies as surety or sureties in the amount of $5,000.00 to protect the City from any and all damages or costs suffered or incurred by the City as a result thereof, including, but not limited to, attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond; and the condition shall be a continuing obligation during the entire term of any Telecommunication Permit issued in accordance herewith and thereafter until the Permittee shall have satisfied in full any and all obligations to the City which arise out of or pertain to the Telecommunication Permit for a Private Communications System. (b) None of the provisions of this section nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse the faithful performance by or limit the liability of the permittee under this Article or any Telecommunication Permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. (Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.76 Compensation for Permit.

Sec. 54.76. - Compensation for Permit. Except as hereinafter provided, it shall be a term and condition of any Telecommunication Permit issued in accordance herewith that as a part of the consideration supporting the issuance of such Telecommunication Permit and the City's permission thereby to occupy and use the streets of the City, that the Permittee shall pay each year to the City compensation and license fees in the amount of: (i) $2.00 per linear foot up to 52,800 feet, of any underground, and (ii) $1.00 per linear foot up to 52,800 feet, of any aboveground, line cable, fiber optic conduit, duct-bank, or other pathway (hereinafter collectively referred to as "Pathway") that makes physical use of the City streets. Pathways owned by one company or affiliated companies which exceed a total length of 52,800 feet shall be subject to a reduced fee of 50 percent of what otherwise would be due in accordance with the terms of this Article for the portion of Pathway from 52,801 feet to 132,000 feet and 25 percent for the portion exceeding 132,000 feet. This reduction shall be in addition to the transitional period reduction contained in Section 54.82(d) herein. The applicable fee for underground lines and cables accordingly, for example for 1988 shall be: 0—52,800 feet | .60 × $2.00/ft. = $1.20/ft. 52,801—132,000 feet | .50 × .60 × $2.00/ft. = $0.60/ft. 132,000 feet + | .25 × .60 × $2.00/ft. = $0.30/ft. For systems which include a combination of underground and aboveground lines, the reduction of the annual fee shall be prorated between the underground rate and the aboveground rate based upon the number of feet of each type within the total system on January 1 of the applicable year. For new portions of systems eligible for the reduced rate based upon the length of the system, the prorated fee paid at the time of filing the application shall be prorated based upon the quarter in which the application is filed and the proration of underground and aboveground lines being added at that time. For the purposes of this Section, two or more lines cables, fiber optics conduits, duct-banks or other pathways parallel to each other which are: (i) underground and within a sixteen (16) inch wide strip of right-of-way, except as hereinafter provided, or (ii) aboveground and attached to the same poles, and owned by the same or an affiliated company shall be considered as one Pathway for the purpose of the per linear foot charge. In the event a Permittee cannot construct or lay its underground lines, cables, fiber optics conduits, duct-banks or other pathways within a single sixteen inch wide strip of right-of-way because a sixteen inch wide strip of right-of-way is not available due to the closeness of other lines owned by other entities, then all lines, cables, fiber optics conduits, duct-banks or other pathways which are owned by that Permittee or an affiliated company that are parallel to each other within the same right-of-way regardless of distance apart shall be considered as one Pathway for the purpose of the per linear foot charge, provided that such lines and pathways could have been constructed within a single sixteen inch wide strip of right-of-way, if it had been available. Lines, cables or fiber optics of a Private Communications System placed in an underground conduit or duct-bank owned by another Permittee shall require a separate Telecommunication Permit, subject to the same requirements as other installations, except the fee for the additional Telecommunications Permit shall be one-half of the otherwise applicable per linear foot fee for the portion of the Pathway so utilized. Lines, cables or fiber optics of a Private Communications System placed aboveground on existing poles shall require a Telecommunication Permit, subject to the same requirements as other installations. Lines, cables or fiber optics of a Private Communication System which are placed in an underground conduit or duct-bank, or on aboveground poles owned by an entity exempt from the provisions of this Article shall require a Telecommunication Permit, unless the Franchise, or other authorization by which the exempt entity has the right to place the conduit, duct-bank or poles within the City property, prohibits the application of the permit and fee requirements contained in this Article to the lessee of space within the conduit or duct-bank or on the poles. The City may raise this license fee no more frequently than every three years, by an amount not exceeding the proportional cumulative increase in the Bureau of Labor Statistics Telephone and Telegraph Wire and Cable Index or successor index since the initial establishment of this permit fee, or since the most recent increase in the permit fee for any and all subsequent increases after the first increase, and only after a public hearing and at least twenty (20) days notice to all Permittees, except as hereinafter provided. The City may raise the license fee more than the cumulative increase in such Index in the event there is competent evidence that the fee imposed by the City is below the average of fees imposed by other cities within the State of Florida which impose such fees and which have populations in excess of 50,000 people. Except for lines, cables or fiber optics within a conduit or duct-bank owned by another Permittee, the license fee shall be based on the same amount per linear foot for all nongovernmental entities subject to the requirements of this Article after the transition period, except in no event, however, shall the fee be less than $500.00 per annum. (Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Orlando City Code § 54.77 Payment and Audit of Compensation and License Fees.

Sec. 54.77. - Payment and Audit of Compensation and License Fees. (a) The annual compensation and license fee provided for in Section 54.76 shall be payable annually on or before March 1 of each calendar year for the portion of the Private Communications System within the City streets on January 1 of that year and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a Telecommunication Permit for all new portions of the system, except as hereinafter provided. For portions of the system constructed in new subdivisions or areas being developed, the prorated license fee shall be based upon the calendar quarter in which the public improvements required by The Orlando Land Development Code are completed and accepted by the City, provided that: (i) the Permittee makes an application for the required Telecommunication Permit prior to construction of that portion of the Private Communication System, (ii) the Permittee coordinates its construction with that of the Developer of the subdivision or area and assumes the responsibility of determining from the Developer the date on which the Public Improvements are completed by the Developer and accepted by the City, (iii) the Permittee does not activate or utilize that portion of the Private Communication System except for testing, (iv) the Permittee notifies the City on a quarterly basis that the Public Improvements are still under construction and shall include in the annual report in conjunction with the fees due on or before March 1st of each year, a detailed listing or description of all lines and cables in subdivisions or areas under development for which the Public Improvements have not been completed and accepted by the City, and (v) the Permittee pays the applicable fee within thirty days after the Public Improvements are completed by the Developer and accepted by the City. (b) Fees not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid. (c) The acceptance of any payment required hereunder by the City shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable. (1) All fee payments shall be subject to audit by the City and assessment or refund if the payment is found to be in error. (2) In the event that such audit results in an assessment by and an additional payment to the City, such additional payment shall be subject to interest at the rate of one percent (1%) per month retroactive to the date such payment originally should have been paid, which shall be due and payable immediately. (d) Nothing in this Article shall be construed to limit the liability of the licensee for all applicable Federal, State and local taxes. (e) In the event any fees due in accordance with the terms of this Article are not paid within 90 days after the due date, the City Engineer may withhold the issuance of any right-of-way utilization permits or Telecommunication Permits to the Permittee until the amount past due is paid in full. (Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Orlando City Code § 54.78 Indemnity and Insurance.

Sec. 54.78. - Indemnity and Insurance. (a) The City shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, arising from the use, operation or condition of the Permittee's Private Communications System. (b) The Permittee shall indemnify, save and hold harmless and defend the City from all liens; charges; claims, including but not limited to, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; losses; costs, including but not limited to, reasonable legal fees and court costs including legal fees and court costs on appeal; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, arising out of or in any way connected with the installation, operation, maintenance or condition of the Permittee's Private Communications System or the granting of the Telecommunication Permit. (c) Upon the granting of a Permit and at all times during the terms of the Permit, including the time for removal of facilities as provided for herein, the Permittee shall obtain, pay all premiums for, and file with the City written evidence of payment of premiums and executed duplicate copies of the following: (1) A general comprehensive liability policy indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Permittee under the Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of One Million Dollars ($1,000,000) combined singled limit for personal injury or death. (2) Property damage insurance, indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of Permittee under the Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of Five Hundred Thousand Dollars ($500,000) combined single limit for property damage. (d) All insurance policies called for herein shall be in a form satisfactory to the City Attorney and shall require thirty (30) days written notice of any cancellation to both the City and the Permittee. The Permittee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement policies within thirty (30) days following receipt by the City or the Permittee of any notice of cancellation. (e) In lieu of the insurance policies as required by and referenced in subparagraphs (c) and (d) above, the Permittee may submit (i) a certification by a qualified independent actuary, acceptable to the City, which indicates that Permittee has established an "actuarially sound" self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d), or (ii) other documentation and proof acceptable to the City's Director of Finance and City Attorney which indicates that Permittee has a self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d). (Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.79 Police Powers.

Sec. 54.79. - Police Powers. Nothing in this Article or in any Telecommunication Permit issued in accordance herewith shall be construed as an abrogation by the City of any of its police powers. (Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.80 Use of Streets and Pole Attachments.

Sec. 54.80. - Use of Streets and Pole Attachments. (a) Before commencing construction of its Private 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 Permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate City agencies, including, but not limited to, the Bureau of Engineering, Department of Public Works. Applications for such approval shall be made in the form prescribed by the Bureau of Engineering. (b) Upon obtaining such written approval, the Permittee shall give the Bureau of Engineering and the appropriate agency written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten (10) 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 proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed Private Communications 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 Permittee 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 Permittee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the City. (e) The Permittee 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 Permittee 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, or upon termination or expiration of the Permit. (g) Nothing in this Article or any Permit issued in accordance herewith, shall be construed as authorizing the Permittee to erect and maintain new poles in areas serviced by existing poles, if the poles are available for Permittee's cable. The Permittee shall obtain written approval from the Bureau of Engineering and other appropriate City agencies before erecting any new poles or underground conduits where none exist. (h) The Permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. (i) The Permittee 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 and shall furnish as soon as they are available two (2) complete copies of such maps and records, including as-built drawings, to the Bureau of Engineering, Department of Public Works. (j) The Permittee shall comply with all rules and regulations issued by the Department of Public Works governing the construction and installation of Private Communications Systems. In addition: (1) All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires; and (2) Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations; and (3) All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the City Engineer; and (4) All installations shall be underground in those areas of the City where both telephone and electric utilities facilities are underground at the time of the installation of the Permittee's Private Communications System. A. In areas where both telephone and electric utilities' facilities are above ground at the time of the installation of the Permittee's Private Communications System, the permittee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities are placed underground by the telephone and electric utility companies, the Permittee shall likewise place its facilities underground at its sole cost and expense. (5) The Permittee upon reasonable notice by the City, shall temporarily or permanently 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. (6) The Permittee shall obtain the written permission of the owner including the City of any tree or other vegetation before it trims or prunes the same. (Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.81 Transfer Assignments.

Sec. 54.81. - Transfer Assignments. (a) The Permittee shall not transfer or assign its interest in any Permit issued in accordance herewith, other than a general assignment of the Permittee's entire assets or a pledge of the assets as collateral on a loan, without the prior written authorization of the Director, Department of Public Works. For purposes of this section, a merger or consolidation of the Permittee with another company shall not be deemed a transfer or assignment. The assignment of the right to a nonaffiliated company to place a line, cable or fiber optic within a permitted conduit or duct bank of a Permittee is subject to the requirement of an additional Telecommunication Permit. (Ord. of 9-14-1987, Doc. #21481)

Orlando City Code § 54.82 Existing Private Communications Systems Transitional Period.

Sec. 54.82. - Existing Private Communications Systems Transitional Period. (a) Lines or cables of Private Communication Systems which had been constructed or placed within the City's Streets, public ways or public places prior to the date of enactment of this Article were permitted to be there only by virtue of a revokable license. Such lines and cables may remain within the City's Streets, public ways or public places provided the private communications systems companies comply with the provisions of this Article as they relate to the existing lines and cables. (b) Except as hereinafter provided, the provisions of this Article shall become effective as to pre-existing private communications systems on October 1, 1987. The private communications systems companies which have facilities within the City Streets on the date of enactment of this Article shall have until November 1, 1987 to obtain permits for their existing system, to pay the applicable fee for 1987 prorated as of October 1, 1987, and to fully comply with the provisions of this Article. (c) Except as hereinafter provided, the provisions of this Article shall become effective on March 1, 1988 as to pre-existing private communications systems which do not provide a toll telephone service, as defined herein. The private communications systems companies which do not provide toll telephone services but have facilities within the City Streets on the date of enactment of this subsection shall have until May 1, 1988 to obtain permits for their existing system, to pay the applicable fee for 1988 and to fully comply with the provisions of this Article. (d) The applicable fee for the existing underground and aboveground lines and cables which were existing within and over the City Streets, public ways and public places on October 1, 1987, and which became subject to the terms of this Article on that date, shall be prorated over a five year transitional period. The fee for the first calendar year applicable to the existing lines and cables shall be fifty percent of what otherwise would be due in accordance with the terms of this Article. The applicable fee shall increase by ten percent a year until it reaches one hundred percent of the standard fee. The applicable fee for underground and aboveground lines and cables constructed, laid or placed in the streets after October 1, 1987 shall be prorated over a four year transitional period starting in 1988. The applicable fee for the existing underground and aboveground lines and cables which were existing within and above the City Streets, public ways and public places on March 1, 1988 and which became subject to the terms of this Article on that date shall be prorated over a four year transitional period. The fee for calendar year 1988 for the lines and cables subject to the four year transitional period shall be sixty percent of what otherwise would be due in accordance with the terms of this Article. The applicable fee shall increase by ten percent a year until it reaches one hundred percent of the standard fee. The applicable fee for up to 52,800 feet of underground lines and cables accordingly shall be: October-December 1987 (if applicable) | ¼ × .50 × $2.00/ft. = $0.25/foot 1988 | .60 × $2.00/ft.= $1.20/foot 1989 | .70 × $2.00/ft. = $1.40/foot 1990 | .80 × $2.00/ft. = $1.60/foot 1991 | .90 × $2.00*/ft. = $1.80*/foot 1992 | 1.00 × $2.00*/ft. = $2.00*/foot The applicable fee for up to 52,800 feet of aboveground lines and cables accordingly shall be: 1988 | .60 × $1.00/ft. = $0.60/foot 1989 | .70 × $1.00/ft. = $0.70/foot 1990 | .80 × $1.00/ft. = $0.80/foot 1991 | .90 × $1.00*/ft. = $0.90*/foot 1992 | 1.00 × $1.00*/ft. = $1.00*/foot *The $2.00/ft. and $1.00 standard fees are subject to being increased in accordance with the provisions of Section 54.76 of this Article. (Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Source: City of Orlando, Florida, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH54STSI_ARTVICOLIWIRI-WFetched: 11/1/2026