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01-1019 Communications Right-of-Way
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01-1019 Communications Right-of-Way
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Last modified
3/17/2008 9:21:12 PM
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3/17/2008 9:20:42 PM
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City Clerk
City Clerk - Doc Type
Ordinances
City Clerk - Date
6/11/2001
Doc Number
01-1019
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<br />generally applicable to all telecommunications companies and, notwithstanding any other law, <br /> <br />may not require a telecommunications company to apply for or enter into an individual license, <br /> <br />franchise, or other agreement with the municipality or county as a condition of placing or <br /> <br />maintaining telecommunications facilities in its roads or rights-of-way; and <br /> <br />WHEREAS, effective October 1,2001, Section 337.401, Florida Statutes (2000), is <br /> <br />further amended to state that because of the unique circumstances applicable to providers <br /> <br />of communications services and the fact that federal and state law require the <br /> <br />nondiscriminatory treatment of providers of telecommunications services, and because of the <br /> <br />desire to promote competition among providers of communications services, it is the intent <br /> <br />of the Legislature that municipalities and counties treat providers of communications services <br /> <br />in a nondiscriminatory and competitively neutral manner when imposing rules or regulations <br /> <br />governing the placement or maintenance of communications facilities in the public roads or <br /> <br />rights-of-way. Rules or regulations imposed by a municipality or county relating to providers <br /> <br />of communications services placing or maintaining communications facilities in its roads or <br /> <br />rights-of-way must be generally applicable to all providers of communications services and, <br /> <br />notwithstanding any other law, may not require a provider of communications services, except <br /> <br />as otherwise provided for providers of cable service, to apply for or enter into an individual <br /> <br />license, franchise, or other agreement with the municipality or county as a condition of placing <br /> <br />or maintaining communications facilities in its roads or rights-of-way; and <br /> <br />WHEREAS, it is the intent of the City of Casselberry to exercise the City of <br /> <br />Casselberry authority over communications services providers' placement and maintenance <br /> <br />Ordinance No. 01-1019 <br />Page 2 of 35 <br />
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