§ 23.02. Findings, Intent and Scope.

The City hereby declares as a legislative finding that the Public Rights-of-Way within the City of Orlando are a unique and physically limited resource that are critical to the travel and transport of persons and property in the City; that the Public Rights-of-Way must be managed and controlled in a manner that enhances the health, safety and general welfare of the City and its citizens; and that the use and occupancy of the Public Rights-of-Way by providers of communications services must be subject to regulation which can ensure minimal inconvenience to the public, coordinate users, maximize available space, reduce maintenance and costs to the public, and facilitate entry of an optimal number of providers of cable, telecommunications, and other services in the public interest.

It is the intent of the City to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in the Public Rights-of-Way within the City limits; adopting and administering reasonable rules, regulations and general conditions not inconsistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended from time to time, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establish reasonable rules, regulations and general conditions necessary to manage the placement and maintenance of Communications Facilities in the Public Rights-of-Way by all Communications Services Providers; minimize disruption to the Public Rights-of-Way; and require the restoration of the Public Rights-of-Way to original condition.

This Chapter shall apply to any public or private entity who seeks to construct, place, install, maintain or operate a Communications System or Facilities, as such terms are defined herein, in the Public Rights-of-Way, unless otherwise exempt by operation of applicable state law. This Chapter shall equally apply to a City owned or controlled Communications System except to the extent such Facilities are utilized on an internal, non-commercial basis by the City or any of its agencies, departments or bureaus.

(Ord. of 6-18-2001, § 2, Doc. #33875)