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WHEREAS, the Act largely preserves local government authority to adopt "rules or <br />regulations governing the placement of utility poles in the public rights-of-way," subject to certain <br />limitations; and <br />WHEREAS, the Act further provides specific terms and conditions under which a local <br />government must process and issue permits for collocation of small wireless facilities; and <br />WHEREAS, passage of the Act requires amendments to the City Code of Ordinances to <br />implement the provisions of the Act and to ensure consistency therewith; and <br />WHEREAS, the City Commission of the City of Casselberry finds that the public rights- <br />of-way are valuable public properties, acquired and maintained by the City at great expense to its <br />taxpayers; and <br />WHEREAS, it is the City's intent to exercise its authority over communications services <br />providers, communications facility providers and pass-through providers' placement and <br />maintenance of facilities within its public rights-of-way; and <br />WHEREAS, to promote the public health, safety, aesthetics, and general welfare, the City <br />has a substantial interest in maintaining and protecting its public rights-of-way in a reasonable, <br />non-discriminatory, and competitively neutral manner, and requiring that providers seeking <br />permits to conduct any type of excavation, construction or other activity do so in a safe, <br />expeditious, and professional manner in accordance with applicable state and federal law; and <br />WHEREAS, the City Commission desires to amend its general permit procedures and <br />guidelines for the utilization of public rights-of-way, to update permitting and registration criteria <br />applicable to communication service providers, communication towers, communication antennas, <br />and wireless communication facilities, to ensure that applications for same are acted upon <br />consistent with state and federal law; and <br />Page 2 of 52 <br />