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 Orlando
 Code of Ordinances
 Chapter 23. COMMUNICATIONS RIGHT-OF-WAY UTILIZATION

  § 23.12. Franchise or Right-of-Way Fees.  

Latest version.

  • While the Florida Legislature has prohibited municipalities from requiring providers of communications services who have registered with the Florida Department of Revenue from having to enter into franchise agreements or license arrangements as a condition to placing or maintaining Communications Facilities in the Public Rights-of-Way, the City expressly reserves the right to require the payment of consideration or regulatory fees by Persons using or occupying the Public Rights-of-Way in other capacities. The City reserves the right to require such payments based on the type of user and to the extent as follows:

    A.

    Dealer. Except as provided in paragraph 16 of subsection 23.06.B, a Communications Services Provider who meets the definition of Dealer as set forth in this Chapter 23 and who has Registered in accordance with Section 23.04 is not required to enter into a franchise agreement or license arrangement with the City as a condition to placing or maintaining Communications Facilities in the Public Rights-of-Way, nor is a Dealer required to make payment of any franchise fees, license fees or other user fees to the City as consideration for the use or occupancy of the Public Rights-of-Way for the provision of Communication Services.

    B.

    Non-Dealer and Pass Through Facilities. A Communications Services Provider who meets the definition of Non-Dealer as set forth in this Chapter 23 and who is not subject to the City of Orlando's Local Communications Services Tax imposed pursuant to Sections 202.19 and 202.20, Florida Statutes is required to pay the City, as consideration for the use or occupancy of the Public Rights-of-Way by or through its Facilities placed therein after October 1, 2001, an amount based on and in accordance with the Telecommunications Permit fee provisions in Sections 54.76 and 54.77 of the City Code or such other amount or rate of compensation as mutually agreed to in writing by the Non-Dealer and the City.

    C.

    Other Persons. All other Persons, except Government, are required to pay the City, as consideration for the use or occupancy of the Public Rights-of-Way for the placement or maintenance of Communications Facilities, an amount based on and in accordance with the Telecommunications Permit fee provisions in Sections 54.76 and 54.77 of the City Code.

    D.

    Government. A Government is not required to pay the City consideration for the use or occupancy of the Public Rights-of-Way for the placement or maintenance of Communications Facilities, unless such Facilities are being used by such Government or a Communications Services Provider, including Resellers, to offer or provide Communication Services other than for such Government's internal non-commercial use, in which event the Government, where not subject to the City of Orlando's Local Communications Services Tax imposed pursuant to Sections 202.19 and 202.20, Florida Statutes is required to pay the City, as consideration for the use or occupancy of the Public Rights-of-Way by or through its Facilities placed therein after October 1, 2001, an amount based on and in accordance with the Telecommunications Permit fee provisions in Sections 54.76 and 54.77 of the City Code or such other amount or rate of compensation as mutually agreed to in writing by the Government and the City.

(Ord. of 6-18-2001, § 2, Doc. #33875)