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WHEREAS, the Telecommunications Act of 1996, Publ. L. No.104-104 (1996), requires local governments to permit use of the public rights-of-way by telecommunication companies to serve the general public and recognizes the authority of local governments to regulate the use of their rights-of-way by said telecommunication companies and to receive fair and reasonable compensation for said use on a competitively neutral and nondiscriminatory basis; and WHEREAS, Broward County (the "County") is authorized by state and local law to control the use of rights-of-way within the County, to regulate the use of rights-of-way by telecommunications systems utilizing such rights-of-way, and to collect fees for the use of such rights-of-way pursuant to Section 337.401, Florida Statutes, and home rule power; and WHEREAS, the rights-of-way subject to the control of the County: (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) can be partially occupied by utilities and other public service entities for facilities used in the delivery, conveyance, and transmission of utility and public services rendered to the public for profit, and for the enhancement of the health, welfare, and general economic well-being of the County and its citizens; (3) are a unique and physically limited resource and proper management by the County is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in the rights-of-way; (4) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, the County finds that it is in the interest of the public to establish standards for use of County rights-of-way by such operators of telecommunications systems in a manner which (1) protects the interest of the public health, safety, and welfare of the citizens of the County and compensates the County for the cost of establishing, maintaining, regulating, and enforcing these protections; (2) compensates the County for the cost of establishing, maintaining, and regulating the use of public property; (3) establishes terms and conditions under which an operator of a telecommunications system may register for use rights-of-way of the County; (4) fully protects the public and the County from any harm that may flow from such private use of the County’s rights-of-way; (5) protects and carries out the regulatory authority over rights-of-way of the County in a manner consistent with federal and state law; and (6) otherwise protects the public’s interest in the development and use of the County's infrastructure; and WHEREAS, certain rights-of-way are operated, maintained, and controlled by the Broward County Aviation Department (the "Aviation Department") and are subject to additional restrictions, including the federal requirements that all revenues generated by an airport be retained by the airport in a separate fund; NOW, THEREFORE, BE IT ORDAINED BY THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA: |
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Section 1. Article XX of Chapter 20 of the Broward County Code of Ordinances is hereby amended to read as follows: Sec. 20-581. Intent and Purpose. It is the intent of the County to promote the public health, safety, and general welfare by providing for the Registration of operators using Broward County rights-of-way; to adopt and administer regulations consistent with state and federal law including Section 337.401, Florida Statutes; County home-rule authority, and the Federal Communications Commission guidelines and regulations in accordance with the provisions of the Telecommunications Act of 1996 to provide for the payment of fees and other valuable consideration by Registrant to the County for the cost of establishing, maintaining, and regulating the use of the County’s rights-of-way; and to establish standards for the maintenance and regulation of rights-of-way in the County for all operators using Broward County rights-of-way. In regulating rights-of-way, the County shall be governed by and shall comply with all controlling federal, state, and local laws and regulations. Sec. 20-582. Name and Scope. This ordinance shall be known as the Broward County Telecommunications Ordinance. It shall be applicable to all telecommunications companies that occupy Broward County right-of-way on or after the effective date of this ordinance. Sec. 20-583. Definitions. For the purposes of this ordinance, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural number; and words defined in upper and lower case shall have the same meaning as words in all lower case. The words "and" and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this ordinance shall be given the meaning set forth in Chapter 203, Florida Statutes, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. (a) Affiliate means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. (b) Board means the Board of County Commissioners for Broward County, Florida, the governing body for Broward County government. (c) Construction, operation or repair and similar formulations of those terms mean the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, under grounding, grading, site preparation, adjusting, testing, make-ready, and excavation. (d) Effective date of Registration means the date specified on the written acknowledgment of the Registration. (e) FCC means the Federal Communications Commission or its designee. (f) Gross receipts means gross receipts as defined in Section 203.012, Florida Statutes, as may be amended from time to time. (g) Minimum Standards means those standards set forth in Chapter 25, Part I, of the Broward County Administrative Code entitled "Minimum Standards Applicable to Public Rights-of-Way Under Broward County Jurisdiction," as may be amended from time to time by resolution of the Board. (h) Occupancy fee means an annual per linear foot charge established by resolution of the Board against (1) the operator of telecommunications facilities; and (2) the owner of a private communications system. ( i) Operator, when used with reference to a telecommunications facility, means a person (1) who owns a telecommunications facility; (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility. A Registrant shall be referred to herein as an operator. ( j) Person means any individual, corporation, partnership, association, joint stock company, trust, or any other legal entity, but not the County. (k) Private communications system means a facility placed, in whole or in part, in the rights-of-way for the provision of telecommunications for a private business or personal use but not encompassing in any respect the provision of telecommunication services. (l) Private communications system owner means a person who owns or leases a private communications facility. (m) Register means compliance with Title II and other provisions of this ordinance. (n) Registration means an informational document that must be completed and filed with the County before use of the rights-of-way by an operator of a telecommunications facility or an owner of a private communications system for the purpose of constructing, operating, or repairing its telecommunications facility or private communications system. The operator of a telecommunications facility or an owner of a private communications system shall renew its Registration annually on the anniversary date of its initial Registration. Registration forms may be obtained from Broward County’s Office of Information Technology. Written acknowledgment of Registration shall be provided to an operator by the County’s Office of Information Technology when required by Section 20-597 of this ordinance. (o) Registrant means a person who has filed a Registration with and who has received a written acknowledgment from the County. (p) Rights-of-way has the meaning given to "Public rights-of-way" in the Minimum Standards. The term rights-of-way shall also include all of the airport rights-of-way located at any County-owned airport that are operated, maintained, and controlled by the Aviation Department, which airport rights-of-way are used or to be used for ingress or egress, including, but not limited to, any and all roadways, alleys, thoroughfares, walkways, bikeways, or paths. No reference herein to rights-of-way, or in any Registration shall be deemed to be a representation or guarantee by the County that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a Registration shall be applicable to only those rights-of-way as are properly in the County. (q) Transfer means any transaction in which: (1) all or a portion of the telecommunications facility is sold or assigned (except a sale or assignment that results in removal of a particular portion of the facility from the rights-of-way); (2) there is any change, acquisition, direct or indirect transfer of control of the Registrant; or (3) the rights and/or obligations held by the Registrant under the Registration are transferred, sold, assigned, or leased, in whole or in part, directly or indirectly, to another party. In succeeding provisions of this ordinance, all these activities are referred to as Registration transfers. (r) Telecommunications facility means a facility that is used to provide one or more telecommunication services, any portion of which occupies rights-of-way. The term telecommunications facility includes cable, fiber optic, conduit, pathway or other supporting structures, and associated facilities used to transmit telecommunications signals. (s) Telecommunication services has the meaning given in Section 203.012(5), Florida Statutes. (t) User means any person lawfully receiving for any purpose any service provided by the telecommunications operator. Sec. 20-584. Purpose and Characteristics. (a) In order to ensure as far as possible and appropriate that persons providing similar services are treated similarly, considering differences in circumstances, and to comply with requirements of state and federal law, all operators of a telecommunications facility or owners of a private communications system shall Register before using County rights-of-way. The revocation of a Registration for one particular type of service in and of itself will not affect the authority of an operator to continue to provide other types of services for which it holds a franchise or license. No Registration acknowledged by the County shall be exclusive. (b) A Registration shall not convey title, equitable or legal, in the rights-of-way. The right acknowledged by the County is only the right to occupy rights-of-way for the purposes of constructing, operating, and/or repairing the operator’s telecommunications facility or the owner’s private communications system for the period stated in the Registration which may not be alienated, assigned, or transferred without the prior written consent of the County’s Office of Information Technology. (c) The fact that a particular telecommunications facility may be used for multiple purposes does not obviate the need to obtain a license or franchise for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise or license, and, if the operator elects to provide telecommunication services over the same facilities, the operator must first Register in accordance with this ordinance. Sec. 20-585. Registration Required. (a) An operator of a telecommunications facility covered by this Section shall Register (in accordance with this ordinance) prior to constructing a telecommunications facility within the rights-of-way. An operator of a telecommunications facility within the County rights-of-way on the date of enactment of this ordinance shall be required to Register on the effective date of this ordinance except as provided in Section 20-596. A Registration form shall be submitted to the County in accordance with the provisions of Title II of this ordinance. (b) Every private communications system owner must Register as provided for in Title III of this ordinance. (c) No Registration shall be transferred or assigned in whole or in part by Registrant without prior written approval of the County’ s Office of Information Technology, which approval shall not be unreasonably withheld. Any transfer of a Registration shall be subject to the requirements of Title II of this ordinance. Sec. 20-586. Reseller. A reseller is a person who has entered into an agreement with a Registrant to utilize the Registrant’s telecommunications facility to provide telecommunications services. A reseller is not required to Register, so long as it does not own underlying facilities in the rights-of-way and is not involved in construction or repair of the underlying facilities in the rights-of-way. A Registrant shall be required to provide the Chief Information Officer of the County’s Office of Information Technology with thirty (30) days written notice, sent by certified mail, following its decision to permit another person providing telecommunication services to utilize its telecommunications facility within the rights-of-way. If a Registrant is allowing the use of airport rights-of-way by a reseller, the Registrant shall also provide thirty (30) days written notice, sent by certified mail, to the Director of the Aviation Department in accordance with the requirements set forth in this section. Notwithstanding a Registrant’s right to permit a reseller to use its telecommunications facility, the Registrant shall remain responsible for all terms and conditions contained in this ordinance. Sec. 20-587. Term of Registration. A Registration shall be effective on the date of the written acknowledgment by the County’s Office of Information Technology. A Registration issued under this ordinance shall be for a term of one (1) year. The County’s Office of Information Technology or Aviation Department, as applicable, may terminate the right to use a particular right-of-way in the event that the right-of-way is transferred, closed, abandoned, vacated, discontinued, or reconstructed. Sec. 20-588. Compensation Required. (a) General. The County shall require persons using its rights-of-way to provide telecommunications facilities and private communications system owners to pay compensation therefor, as provided for in this ordinance, to (1) ensure that the County, as far as possible, is compensated for the use of property over which it exercises control, or which is held in public trust; (2) ensure that the County is compensated for expenses arising from the use of that property, the regulation of the use and the cost to acquire, construct, and maintain the rights-of-way areas; and (3) ensure that similarly situated persons providing the same services are treated similarly, as far as is possible and appropriate considering differences in circumstances. (b) Occupancy Fee. (1) Each Registrant shall pay to the County annually for the use of the rights-of-way a fee based on the total per linear foot of cable, fiber optic, conduit, or other pathway using the rights-of-way. The occupancy fee shall be based upon usage of all of the rights-of-way, as defined herein, whether located in unincorporated Broward County or within incorporated municipal boundaries and calculated as provided for in subsection (b)(4)e. below. The County shall establish from time to time by resolution of the Board the annual occupancy fees to be paid by Registrants for use of the rights-of-way calculated on a per linear foot basis. Fees with respect to use of rights-of-way operated, maintained, and controlled by the Aviation Department shall be paid to the Aviation Department. (2) If a Registrant has gross receipts on recurring local service revenues for services provided within unincorporated Broward County, then the occupancy fee shall not exceed one (1) percent of gross receipts, on recurring local service revenues for services provided within the limits of the unincorporated areas of the County less payments made by Registrant for all County taxes, licenses, fees, and other impositions paid to County, and the value of any in-kind contributions made by Registrant to County; but excluding ad valorem taxes and amounts paid for assessments for special benefits such as sidewalks, street paving, and similar improvements and occupational license taxes or the maximum permitted by state or federal law. (3) Each Registrant subject to the restrictions of Section 20-588(b)(2) shall provide a statement with each quarterly payment showing the manner in which the limitation on the fee was calculated on a monthly basis. A quarterly report shall be submitted in a form provided by the County which provides detailed information on gross receipts received by the Registrant on recurring local service revenues from operations of the Registrant in unincorporated Broward County and credits claimed. Each quarterly statement shall be signed by a representative of the Registrant authorized to sign the returns who shall certify that the statement is, to the best of signor’s knowledge and belief, true and correct. (4) Except as provided for herein, all Registrants which are subject to Section 20-588(b)2) shall, within ninety (90) days following the end of the calendar year, submit a special report by an independent auditor, or Registrant’s chief financial officer or other officer authorized by Registrant to sign tax returns setting forth gross receipts on recurring local service revenues received by the Registrant within unincorporated Broward County and describing what revenues were included and excluded in the fee calculation, and any adjustments made to gross receipts and describing the amounts and types of any sums to be credited to the occupancy fee. The County may, from time to time, and upon reasonable advance written notice, inspect and audit any and all books and records reasonably necessary to the determination of whether fees have been accurately computed and paid. (5) General Rules for Payment of Occupancy Fees. a. Each Registrant shall pay the fee described in subsection (b)(1) above on a quarterly basis based on a calendar year for the preceding quarter. The quarterly payments shall be submitted according to the following schedule: January-March payments due April 25; April-June payments due July 25; July-September payments due October 25; and October-December payments due January 25 of each year. Initial and final payments shall be prorated for any portion of the quarter at the beginning or end of the term of the Registration. In the event an error by the Registrant results in an overpayment of an occupancy fee, the County may, at its sole option, credit the overpayment to the next payment due or spread the credit over a period equal to the period over which the error occurred. Unless a Registration provides otherwise, each occupancy fee payment shall be accompanied by a statement showing the manner in which the fee was calculated on a monthly basis. c. Accrual of the occupancy fee shall begin on the Effective Date of the Registration. d. Occupancy fees shall apply to all telecommunication facilities using the rights-of-way. e. Subject to Section 20-588(b)(2), the occupancy fee is calculated based on the following: 1. The occupancy fee shall be calculated based on the rights-of-way fee resolution as approved by the Board and on the actual usage of the rights-of-way for the placement of telecommunication facilities identified in the Registration as verified by as-built maps and County inspection. 2. For the purposes of this ordinance, linear feet on which the fees are due shall be measured by the length of cable, conduit, or other pathway either owned or controlled by any telecommunication facility. All measurements shall be calculated to the nearest foot by rounding up, where applicable. 3. The Registrant shall be charged for all cable, conduit, or other pathway in place at the time the quarterly occupancy fee is due to the County. Where an existing Registration is amended to include additional usage of the rights-of-way, the Registrant shall be charged an additional occupancy fee based upon the amended total per linear foot usage of the rights-of-way. f. The Registrant shall submit with the occupancy fee a quarterly report in a form provided by the County which provides detailed information on all aerial and underground usage of the rights-of-way, including any amended areas that have been approved by the County within that quarter. The report shall list by category existing or any newly amended aerial and underground installations on a per linear foot basis in the rights-of-way areas of Broward County. g. Each quarterly payment shall be accompanied by asummary form provided by the County, with a cover letter on company letterhead which contains a statement by an officer of the Registrant certifying that the information and computation of the payment amount shown on the summary form are true and accurate. h. All occupancy fees listed in this Section shall apply at the same rate for all aerial and underground cable, fiber optic, or other pathway installed by the Registrant on the Effective Date of the Registration. i. The County may accept compensation as in-kind services from an operator of a telecommunications facility; provided, that the County shall not accept in-kind payments from any operator without providing other Registrants that submit or have submitted their Registration within twelve (12) months an opportunity to make an equivalent in-kind payment. Such in-kind services shall be negotiated in good faith between the Registrant and the County. j. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the County may have for further sums payable under this ordinance or for the performance of any other obligation hereunder. k. Nothing in this Section shall limit the Registrant's liability to pay other local taxes, fees, charges, or assessments to the County and other taxing and governmental authorities. l. The occupancy fee is not a payment in lieu of any tax, fee, or other assessment except as specifically provided in this ordinance, or as required by applicable law. By way of example, and not limitation, rights-of-way permit fees and business license taxes are not waived and remain applicable. m. All occupancy fees which are not paid when due and payable hereunder shall bear interest at the statutory interest rate applicable to judgments, until paid. Payment of interest is in addition to any applicable penalties as may be provided by law or County ordinance. n. The compensation paid by each Registrant shall be subject to public disclosure by the County. o. A Registrant may elect to pay its occupancy fee annually in advance, on the date that the first quarterly payment would otherwise be due, together with the quarterly reports then due. A Registrant which elects to pay annually shall not be required to file any other quarterly reports. In the event that a Registrant which is subject to the cap provided at Section 20-588(b)(2) elects to make annual payments, the Registrant shall file the first quarter reports required and shall file the annual report required by Section 20-588(b)(4). Any credit, overpayment, or under-payment by any Registrant shall be applied to the occupancy fee due for the year following the prior annual payment. Sec. 20-589. Registration for Persons Providing Different Types of Services. The fact that an occupancy fee is paid on one type of service provided over a telecommunications facility does not excuse an operator from its duty to pay fees on other types of services provided over that same facility as required by this ordinance or other County ordinances. As an example, and not as a limitation of the foregoing, a cable operator who pays a franchise fee on revenues derived from the provision of cable services must pay an occupancy fee under Section 20-588 of this ordinance to the extent that the operator maintains telecommunication facilities; likewise, the operator of a telecommunications facility must pay a franchise fee under Broward County Code, Article XVII, Cable TV Regulations, to the extent it provides cable services to subscribers via a cable system. Sec. 20-590. General Conditions Upon Use of Rights-of-way. (a) Responsibility for Costs. An operator, or its contractors or subcontractors, who is required to perform under this Section shall do so at its own cost. If an operator fails to perform work that it is required to perform within the time provided for performance, the County may perform the work, and bill the operator therefor. The operator shall pay the amounts billed within thirty (30) days. Prior to performing work pursuant to this Section, the County shall give the operator notice and a reasonable opportunity to cure; provided, however, that no notice shall be required in the event that the failure presents an immediate threat to public health, safety, or welfare as determined by the County in its sole discretion. (b) Right to use rights-of-way not warranted. It is understood that there may from time to time be within the County various rights-of-way which the County does not have the unqualified right to authorize the operator to use; therefore, Registration under this ordinance does not warrant or represent that the County has the right, as to any particular right-of-way, or portion of a right-of-way, to authorize the operator to install or maintain portions of its facility therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the operator. (c) Responsibilities of Operator. (1) In installing, maintaining, operating, or removing its telecommunication facility in, upon, or from any County right-of-way, the operator shall ensure: a. That the safety, functioning, and appearance of the right-of-way and the convenience and safety of users of the rights-of-way and other persons not be adversely affected by the installation, construction, or removal of the telecommunication facility. b. That the cost of the installation, construction, operation, or removal of the telecommunication facility shall be borne by the operator or user, or a combination of such parties. c. That the damages caused by the installation, construction, operation, or removal of such telecommunication facility by the operator shall be the responsibility of the operator. (2) Nothing herein shall be construed to prohibit or prevent any property owner from constructing, installing, or continuing to maintain and operate a private communications facility subject to the provisions of Title III of this ordinance; provided, however, that the construction, installation, maintenance, and operation of such private communications facility shall not prevent an operator of a telecommunications facility from constructing, installing, maintaining, and operating its facility. (3) This Section is not intended to, and nothing herein shall be construed to, preclude appropriate payments, arrangements, or agreements for the use by operators of other utilities' facilities and equipment, including pole attachment and conduit agreements. (d) Other agreements, permit, and easement requirements. The County shall not be required to assume any responsibility for securing any rights-of-way, easements, or other rights which may be required of the Registrant for the installation of a telecommunications facility, nor shall the County be responsible for securing any permits or agreements with other persons or utilities. (e) No property rights conveyed. Nothing in this ordinance or in the Registration shall grant to the holder any property rights in County-owned property or rights-of-way, nor shall the County be compelled to maintain any of its property or rights-of-way any longer than, or in any other fashion than, the County, in its judgment, may require for its own needs. In addition, the Registrant shall not be entitled to any compensation for damages from the County as a result of having to remove or relocate its property, lines, and cables from such public property or rights-of-way in the event the County determines that a necessity exists for such removal or relocation. (f) Construction Permits Required. The Registrant shall apply for and obtain permits for construction as required by the County prior to the commencement of construction. (g) Prior Approval by the County. Notwithstanding any provision to the contrary in this ordinance, the Registrant must comply at all times with all policies, procedures, and directives of the County’s Public Works Department and, in the case of airport rights-of-way, any policies, procedures, and directives of the Aviation Department. Except for individual service drops outside the rights-of-way, the Registrant shall not erect any pole, run any cable, conduit, fiber optic, or other pathway, nor shall any construction on rights-of-way related to the delivery of telecommunication services be commenced without the prior written approval of the County’s Public Works Department, Engineering Division or the Aviation Department if the construction is on airport rights-of-way. Prior to the issuance of such approval and permit, the Registrant shall submit to the County’s Public Works Department, Engineering Division or, in the case of airport rights-of-way, to the Aviation Department, the following: (1) If required by the County, hard copies of construction plans in a digital format acceptable to the County, if prepared, utilizing Computer Aided Drafting/Geographic Information Systems ("CAD/GIS") or another automated system capable of exporting a file compatible with CAD/GIS, of the proposed telecommunications facility illustrating plant routing and utility poles to be utilized; and (2) As a prerequisite to the issuance of a rights-of-way permit by the County, a performance and maintenance bond as required by Administrative Code, including the Minimum Standards, shall be provided for any and all work performed in the rights-of-way to ensure proper restoration and maintenance of the rights-of-way and to provide a one (1) year warranty maintenance period. (h) County's Right to Inspect. The County shall have and maintain the right to inspect the installation and construction operations, as well as the maintenance operations of the Registrant’s telecommunications facility to ensure the proper performance of the terms of this ordinance. (i) Joint or Common Use of Poles. The Registrant shall be encouraged to enter into agreements for the joint or common use of poles or other wire holding structures where poles or other wire holding structures already exist for use in serving the County or serving the public convenience. No location of any pole or wire holding structure of the Registrant shall be a vested interest, and such pole or structure shall be removed or modified by the Registrant at its own expense, to the extent required by state or local law. (j) Notwithstanding any other provision of this ordinance, pledges in trust or mortgages of the assets of a Registrant’s telecommunications facility to secure the construction, operation, or repair of the facility may be made without application and without the County's prior consent; except, no such arrangement may be made if it would in any respect or under any condition prevent the telecommunications facility operator or any successor from complying with the Registration and applicable law. No arrangement may permit a third party to succeed to the interest of the operator, or to own or control the telecommunications facility, without Registration pursuant to this Ordinance. Any mortgage, pledge, or lease shall be subject and subordinate to the rights of the County under this ordinance or other applicable law. (k) Location or Relocation of Facilities. (1) A Registrant’s telecommunications facility may be installed above ground in areas where existing power or other facilities are above ground, and shall be installed underground in areas where existing power and other facilities are installed underground. If both power and other facilities are installed above ground, a Registrant shall install its facilities underground at the request of a resident or property owner when the resident or property owner agrees to pay the additional cost of such installation. (2) A Registrant shall not place any fixtures or equipment where the same will interfere with any existing gas, electric, CATV, telephone, sewer, drainage or water lines, fixtures or equipment or other users having rights to place a facility within rights-of-way. The Registrant shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual travel on rights-of-way; with the installation or operation of gas, electric, CATV, telephone, water, drainage, or sewer lines equipment; or with the rights or reasonable convenience of owners of property which abut any rights-of-way. (3) A Registrant shall have the authority to trim trees upon or overhanging streets, alleys, sidewalks, and rights-of-way so as to prevent the branches of such trees from coming in contact with the wires and cables of the Registrant in a manner approved by and acceptable to the County. If the County notifies the Registrant of the need for tree trimming and the Registrant fails to take the appropriate action within a time prescribed by the County, the County may, at its option, cause such trimming to be done by the County or by a third party under the County’s supervision and direction at the expense of the Registrant. (4) A Registrant shall promptly, at its own expense, protect, temporarily disconnect, remove, modify, or relocate any part of its facility when required by the County by reason of its unreasonably interfering in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion of rights-of-way or for any other reason required by applicable law, upon thirty (30) days’ written notice. (5) A Registrant shall, at the request of any person holding a building moving permit issued by the County, temporarily raise or lower its wires to permit the moving of the building(s). The expense of such temporary raising or lowering of wires shall be paid by the person requesting same, and the Registrant shall have the authority to require such payment in advance. A Registrant shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. (6) With regard to underground construction, all cables shall be buried at a sufficient depth so that no portion of the service drop is exposed or visible. (l) Work in the Rights-of-Way. All materials, installations, and construction in any rights-of-way under the County's jurisdiction shall be in accordance with the Minimum Standards. (1) A Registrant shall obtain any required rights-of-way permits before causing any damage or disturbance to rights-of-way as a result of its construction or operations and shall restore the property to its former condition in a manner approved by the County. If such restoration is not performed or is not satisfactorily performed, the County, after ten (10) days prior notice to the Registrant, may cause the repairs to be made at the expense of the Registrant. Prior to performing work pursuant to this Section, the County shall give the operator notice and a reasonable opportunity to cure; provided, however, that no notice shall be required in the event that the failure presents an immediate threat to public health, safety, or welfare as determined by the County in its sole discretion. All additional or reoccurring repairs required as a result of the unsatisfactory work may also be made by the County at the expense of the Registrant. (2) A Registrant installing and operating a telecommunications facility in Broward County rights-of-way, except in the event of an emergency, shall provide at least seven (7) days (or such shorter period as the County may accept) prior notice to the residents of the affected area, as determined by the County, when construction crews will be performing construction or maintenance that will block a travel lane used by residents of the affected rights-of-way for more than two (2) hours. Such notification shall be by mail or through the placement of notices on the front doorknobs of the residences in the affected area, with such notices providing the name and telephone number of the Registrant. (3) All vehicles utilized by a Registrant or its contractors or subcontractors in the construction of a telecommunications facility shall be clearly marked providing the name of the Registrant, contractor or subcontractor and, if applicable, the Broward County occupational license number as required by the Broward County Code of Ordinances. All personnel employed by a Registrant or its contractors or subcontractors in the construction of a telecommunications facility shall possess identification providing the employee's name and the name and telephone number of the Registrant or its contractors or subcontractors. (4) The Registrant must utilize any authorized underground locate service prior to any excavation or demolition activities conducted in construction of the telecommunications facility. Only state licensed and/or Broward County certified contractors may be utilized for this construction. (5) All underground crossings of paved roadways shall be made by the directional bore method unless the Broward County Engineering Division approves an alternate method prior to the construction. (m) Safety of the Public. (1) A Registrant’s work performance, equipment, and job sites shall be in compliance at all times with all applicable county, state, and federal requirements and shall conform to the provisions of the Minimum Standards. All work while in progress shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices as are required by the United States Department of Transportation's Manual of Uniform Traffic Control Devices (MUTCD), latest edition, or any requirements of the County’s Public Works Department to protect all members of the public while such work is being performed. (2) A Registrant shall at all times employ due care and shall install, maintain, and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment and connections in, over, under, and upon the rights-of-way of the County wherever situated or located shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair. (n) Removal Required. To the extent that it is determined by the County to be in the best interest of the health, safety, and welfare of the public, a Registrant shall at its own expense, upon notice, promptly remove from the rights-of-way covered by this ordinance all portions of the telecommunications facility and its appurtenances. (o) Restoration Required. (1) In the event of such removal as referenced in subsection (n) above, the Registrant shall promptly and reasonably restore the rights-of-way area from which such property was removed to the condition existing prior to the disruption of the rights-of-way area and in accordance with the Minimum Standards. (2) If a Registrant fails to properly and promptly restore the area, the County, at its election, may restore the rights-of-way area and cause forfeiture of the permanent performance bond in order to reimburse the County for any costs and expenses it incurs for restoring the area. Prior to performing work pursuant to this Section, the County shall give the operator notice and a reasonable opportunity to cure as provided in Section 20-590(l)(2); provided, however, that no notice shall be required in the event that the failure presents an immediate threat to public health, safety, or welfare as determined by the County in its sole discretion. Sec 20-591. Indemnification; Insurance Requirements. (a) Indemnification. (1) By operation of this ordinance and as conditions precedent to use of the County’s right-of-way and the effectiveness of its Registration, a Registrant shall: a. Release the County, its officers, agents, and employees from and against any and all liability and responsibility in or arising out of the construction, operation, or maintenance of the telecommunications facility. No Registrant shall sue the County or seek any monetary damages or such other relief in connection with the above-mentioned matters; b. Indemnify, hold harmless, and at the County Attorney’s option, defend or pay for an attorney selected by the County Attorney to defend the County, its officers, agents, and employees, against any and all claims, losses, liabilities, and expenditures of any kind, including attorneys fees, court costs, and expenses, accruing or resulting from any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damage sustained by any person or property by virtue of the Registrant’s construction, operation, or maintenance of the telecommunications facility; and c. Provide that the covenants and representations relating to the indemnification provision shall telecommunications facility; and survive the expiration or termination of any Registration with telecommunications facility; and the County and continue in full force and effect as to the telecommunications facility; and Registrant’s responsibility to indemnify. (b) Insurance; Policy Limits. (1) Within thirty (30) days after the Effective Date of the Registration, and prior to any operations under the Registration, the Registrant shall provide the County with proof of the required insurance. The Registrant shall maintain said insurance throughout the term of the Registration and said insurance shall include, at a minimum, the following types of insurance coverage in amounts not less than shown: a. Workers' compensation. Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a minimum limit of $100,000.00 each accident. b. Comprehensive general liability. Shall have minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, and subcontractors and/or completed operations, broad form property damage, explosion collapse, and underground (XCU) coverage, and a contractual liability endorsement. c. Business auto policy. Shall have minimum limits of $500,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include owned, non-owned, and hired vehicles. d. In lieu of subsections (b)(1)a. through (1)c. above, a Registrant may self insure the foregoing requirements. Self-insured status must be confirmed with certification of same by presentation of financial statements which are not more than one (1) year old, and signed by the chief financial officer of the Registrant. Information contained therein is subject to review and approval by the County’s Risk Management Division. A State of Florida self-insurance certification is not satisfactory or adequate certification under this option. (2) The insurance certificate obtained by a Registrant in compliance with this Section shall be approved by the County’s Risk Management Division and shall be filed and maintained with the County Administrator or designee during the term of the Registration. The certificate of insurance shall provide thirty (30) days prior written notice to the County of any change, cancellation, and/or non-renewal of the policy(ies). (3) Upon thirty (30) days notice, insurance requirements may be changed and increased from time to time at the discretion of the Board to reflect changing liability exposure and limits. (4) Nothing herein is intended as a limitation to the extent of any legal liability of the Registrant. (5) Resident Company and Agent. All insurance policies, letters of credit, and bonds as are required of a Registrant in this Section shall be written by a company or companies authorized and qualified to do business in the state of Florida, and have a minimum rating of "A" in Best's Rating Guide. (6) Certificates and Renewals. Certificates and renewals of all insurance coverage required shall be promptly filed by the Registrant with the County Administrator or designee. Renewal certificates shall be filed with the County no less than thirty (30) days prior to the policy expiration date. (7) Additional Insured. Broward County and the Board of County Commissioners of Broward County shall be included as an additional insured on the Comprehensive General Liability. (8) Premium Payment. Companies issuing the insurance policy(ies) shall have no recourse against the County for payment of any premiums or assessments, and same shall be the sole responsibility of the Registrant. (9) Neither the provisions of this Section, nor the acceptance of any bond by the County pursuant to this ordinance, nor any damages received by the County thereunder, shall be construed to excuse performance by a Registrant or limit the liability of a Registrant for damages to the full amount of the bond or otherwise. (10) If the operator has an existing certificate of insurance filed with Broward County as a prerequisite to provide other services such as cable television or open video systems, the operator’s insurer may amend the current certificate filed with Broward County to include the additional related entities authorized by the County to provide telecommunication services. The County’s Risk Management Division may require an increase in the amount of coverage of policy(ies) limits. (c) Permanent Performance and Payment Bond. Each Registrant shall within thirty (30) days of the Effective Date of its Registration under this ordinance or within thirty (30) days of the County’s written consent to the transfer or assignment of a Registration furnish to the County a performance bond or an irrevocable letter of credit issued by a Florida bank or a federally insured lending institution in the amount of One Hundred Thousand Dollars ($100,000.00). The performance bond or letter of credit shall be used to guarantee the compliance with performance requirements and payment of all sums which may become due to the County under this ordinance. The performance bond or letter of credit shall be maintained in the full amount specified herein throughout the term of the Registration, and for one (1) year after the Registration expires or is terminated, without reduction or allowances for any amounts which are withdrawn or paid pursuant to this ordinance. (d) All required insurance coverages and policies shall be without a deductible unless approved by the County’s Risk Management Division. Sec. 20-592. Enforcement and Remedies (a) Office of Information Technology Responsible for Administration. The County’s Office of Information Technology is responsible for enforcing and administering this ordinance, and its Chief Information Officer or designee is authorized to give any notice required by law or under any Registration. The Chief Information Officer or designee is authorized to seek information from any operator relative to this ordinance, to establish forms for submission of Registrations and other information, and to take all other actions necessary or appropriate to the administration of this ordinance. Registrations shall only be issued or revoked by action of the County’s Office of Information Technology. If Registrant is occupying airport rights-of-way, then the County’s Aviation Department shall be responsible for enforcing and administering this ordinance in accordance with the requirements set forth in this Section. (b) Minimum Contents of Every Registration. In addition to satisfying the other applicable requirements of Titles I-III of this ordinance, every Registration pertaining to the provision of telecommunication services shall contain the following provisions: (1) The Registration, or any provision thereof, shall not constitute a waiver or bar to the exercise of any governmental right or power, police power, or regulatory power of the County which may exist on the Effective Date of the Registration or which may become effective thereafter. (2) The Registration to occupy the rights-of-way is solely for the purpose of providing telecommunication services described in the Registration. (3) The Registration shall not convey title, equitable or legal, in the rights-of-way. The Registration is only to occupy rights-of-way for the purposes and for the period stated in the Registration and the Registration may not be alienated, assigned, or transferred except as permitted by this ordinance. (4) A transfer of a Registration shall be completed on form(s) supplied by the Office of Information Technology and submitted in accordance with Title II of this ordinance, except that, if the information provided by the Registrant/transferor under Title II remains accurate, the transferee may simply cross-reference the earlier Registration. (5) Appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this ordinance. Sec. 20-593. Theft, Vandalism, Tampering; Violation. (a) It is unlawful pursuant to Section 812.14, Florida Statutes, and a violation of this ordinance for any person to: (1) Willfully alter, tamper with, injure, or knowingly suffer to be injured any conduit, wire, line, cable, transformer, amplifier, or other apparatus or device belonging to a utility line service in such a manner as to cause loss or damage. (2) Make or cause to be made any connection with any wire without the consent of the utility. (3) Use or receive the direct benefit from the use of a utility knowing, or under such circumstances as would induce a reasonable person to believe, that such direct benefits have resulted from any tampering with, altering of, or injury to any connection, wire, conduit, line, cable, transformer, amplifier, or other apparatus or device owned, operated, or controlled by such utility, for the purpose of avoiding payment. (b) The actual possession by a person on property of any device or alteration which effects the diversion or use of the services of a utility so as to avoid the Registration of such use by the utility or so as to otherwise avoid the reporting of use of such service for payment shall be prima facie evidence of a violation of this Section by such person; however, this presumption does not apply unless: (1) The presence of such a device or alteration can be attributed only to a deliberate act in furtherance of an intent to avoid payment for utility services; (2) The person charged has received the direct benefit of the reduction of the cost of such utility services; and (3) The customer or recipient of the utility services has received the direct benefit of such utility service for at least one full billing cycle. Sec. 20-594. Revocation; County’s Right of Revocation. (a) The County’s Office of Information Technology or Aviation Department, as applicable, reserves the right to suspend or revoke a Registration and all rights and privileges granted thereunder in the event any one of the following occurs: (1) The Registrant, after sixty (60) days notice of a violation sent by certified mail by the County Administrator or designee, continues to violate any material provision set forth in this ordinance or the Registration pursuant to this ordinance; provided, however, that the notice period shall be thirty (30) days in the event that such violation is (i) the failure to make a required payment, (ii) the failure to submit to an audit, or (iii) the failure to provide the quarterly report required by Section 20-588(3) or the annual report required by Section 20-588(4). (2) The Registrant becomes insolvent, unable, or unwilling to pay its debts, or makes an assignment for the benefit of creditors; (3) The Registrant practices any fraud or deceit upon the County in connection with its responsibilities under its Registration; or (4) The Registrant fails to commence any required construction, if applicable, within one (1) year from the Effective Date of the Registration. This subsection shall not apply to permit the County to revoke a Registration to the extent such revocation is prohibited by federal bankruptcy law. (b) Procedures for Revocation. A Registration may be revoked by the County in accordance with the following procedures: (1) The County Administrator or designee shall notify the Registrant, in writing, of the exact nature of the alleged violation(s) constituting grounds for revocation and give the Registrant sixty (60) days, or such other greater amount of time as the County Administrator or designee may specify, to correct such violation(s) or to present facts and argument refuting the alleged violation(s). (2) If within the designated time the Registrant does not remedy and/or cease the alleged violation, or if corrective action is not being actively and expeditiously pursued, the County Administrator or designee may, after giving the Registrant an opportunity to meet upon not less than fourteen (14) days written notice, revoke the Registration if it determines that such action is warranted. (3) Following the meeting, the County Administrator or designee shall order an administrative hearing if the issues have not been satisfactorily resolved. The County Administrator shall initiate an administrative proceeding by issuing an order which establishes the issues to be addressed in the hearing and the procedures to be followed, and the County Administrator shall appoint a hearing officer for the hearing. Said hearing officer shall be a member of good standing of The Florida Bar engaged in the private practice of law in Broward, Miami-Dade, or Palm Beach County with experience in areas related to telecommunications issues. Upon completion of the hearing, the hearing officer shall issue a preliminary order. The Office of Information Technology shall publish notice in a newspaper of general circulation in the County inviting public comment on the preliminary order. Parties to the hearing and the public shall have thirty (30) calendar days to comment on the preliminary order after publication of the notice. Within thirty (30) days after the public comment period, the hearing officer shall decide whether or not to revoke the Registration in accordance with Section (4) below. (4) The hearing officer shall determine whether or not to revoke the Registration based on the comments provided, the evidence and argument presented at the hearing, any recommendations of the County Administrator or designee, and other evidence of record. The hearing officer’s determination shall be reflected in a written opinion setting forth the reasons for his/her decision. (5) In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of the Registrant located in the County rights-of-way, the County’s Office of Information Technology shall, upon not less than fourteen (14) days written notice, give a successful bidder an opportunity to be heard prior to revoking the Registration. If the Office of Information Technology decides to revoke the Registration, it shall do so by serving written notice upon the Registrant and the successful bidder, in which event the Registration and all rights and privileges of the Registration will be revoked ninety (90) calendar days after serving such notice, unless: a. The County has approved the transfer of the Registration to the successful bidder; and b. The successful bidder complies with the terms and conditions of the Registration and this ordinance. (c) Effect of Termination or Forfeiture. Upon termination of a Registration, whether by revocation, forfeiture, or otherwise, the Registrant shall be obligated to cease using the telecommunications facilities pursuant to this ordinance or to remove some or all of the Registrant’s facilities from the rights-of-way and restore the rights-of-way to their proper condition. Should the Registrant neglect, refuse, or fail to remove such facility, the County may remove the facility at the expense of the Registrant. The obligation of the Registrant to remove facilities shall survive the termination of the Registration for a period of two (2) years. Notwithstanding the above, the County may not require the Registrant to remove any facilities that are used to provide another service for which the Registrant holds a valid franchise or license issued by the County. All remedies under this ordinance and pursuant to any Registration are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of penalties relieve an operator of its obligations to comply with its Registration. Remedies may be used singly or in combination; in addition, the County may exercise any rights it has at law or equity. Recovery by the County of any amounts under insurance, the performance bond, or letter of credit, or otherwise does not limit an operator's duty to indemnify the County in any way; nor shall such recovery relieve an operator of its obligations under a Registration, limit the amounts owed to the County, or in any respect prevent the County from exercising any other right or remedy it may have. Sec. 20-595. Access to Books and Records. (a) Each operator shall provide the County access to all books and records related to the construction, operation, maintenance, or repair of the telecommunications facility so that the County may inspect and copy these books and records for the purpose of determining compliance with this ordinance. An operator is responsible for obtaining or maintaining the necessary possession or control of all books and records related to the construction, operation, maintenance, or repair of the telecommunications facility, so that it can produce the documents upon request. Books and records shall be maintained for a period of five (5) years, except that (1) any record that is a public record shall be maintained for a greater period of time if required by state law or (2) for a shorter period of time if not in conflict with state law for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. (b) For purposes of this ordinance, the term "books and records" shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the County Administrator or designee, except as provided pursuant to subsection (c) below. (c) If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a telecommunications facility operator may request that the inspection take place at some other location mutually agreed to by the County and the operator, provided that (1) the operator must make necessary arrangements for copying documents selected by the County after its review; and (2) the operator must pay all travel and additional copying expenses incurred by the County (above those that would have been incurred had the documents been produced in the County) in inspecting those documents or having those documents inspected by a County designee. (d) Without limiting the foregoing, the operator of a telecommunications facility shall provide the County with the following information or, in the case of documents created by the operator or its affiliate, filing within ten (10) days of receipt: (1) notices of deficiency or forfeiture related to the operation of the telecommunications facility; and (2) copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the Registrant or by any partnership or corporation that owns or controls the Registrant directly or indirectly. Each telecommunications facility operator shall take all reasonable steps required, if any, to ensure that it is able to provide the County all information which must be provided or may be requested under this ordinance, its Registration, or applicable (e) Retention of Records; Relation to Privacy rights. Each telecommunications facility operator shall take all reasonable steps required, if any, to ensure that it is able to provide the County all information which must be provided or may be requested under this ordinance, its Registration, or applicable law. Each operator shall be responsible for providing the County with only the information that it is permitted by law to disclose. (f) Reports. The County may require operators of telecommunications facilities to maintain records and prepare reports relevant to determining the compliance of the telecommunications facility operator with the terms and conditions of this ordinance and the Registration. (g) Maps. Each telecommunications facility operator shall maintain accurate maps and improvement plans (it being understood that such maps and plans may not be to scale) which show the location, size, and a general description of all facilities installed in the rights-of-way and any power supply sources (including voltages and connections). Maps shall be based upon accurate as-built data to verify location. The operator shall provide a map to the County showing the location of its facilities as described in Sections 20-590(f) and (g), as may be applicable. New maps shall be promptly submitted to the County when the facility expands or is relocated. Copies of as-built maps in a digital format acceptable to the County, if prepared, utilizing CAD/GIS or other automated system capable of exporting a file compatible with CAD/GIS, shall be submitted to the County’s Engineering Division. If the as-built maps include airport rights-of-way, such as-built maps shall be submitted to the Aviation Department. (h) Compliance with Laws. Each operator shall comply with all applicable laws heretofore and hereafter adopted or established during the entire term of its Registration. (i) No Waiver. The failure of the County to insist on timely performance or compliance by any operator shall not constitute a waiver of the County's right to later insist on timely performance or compliance by that operator or any other person holding a Registration. (j) Powers Reserved. The County expressly reserves the right to amend this ordinance from time-to-time in the exercise of its lawful powers and shall, at a minimum, review all matters related to the Broward County Telecommunications Ordinance every three (3) years. Sec. 20-596. Transitional Provisions. Within sixty (60) days from the effective date of this ordinance, the operator of any telecommunications facility who has executed a license agreement with the County pursuant to County Ordinance No. 1999-48 may provide the Office of Information Technology or the Aviation Department, as applicable, with written notice that it desires to convert its license agreement to a Registration under this ordinance. Any such operator of a telecommunications facility who timely provides such notice shall be provided written acknowledgment of Registration from the County’s Office of Information Technology or Aviation Department, as applicable, and shall be deemed to have converted its license to a Registration under this ordinance as of the Effective Date of the Registration. Such Registrant shall not be required to pay the Registration fee required by Section 20-597(d) of this ordinance for the first annual term of the Registration. TITLE II - REGISTRATION PROCESS FOR TELECOMMUNICATION FACILITIES Sec. 20-597. Registration, Renewal, Transfer, or Modification. (a) Registration Required. In order to obtain an initial, renewal, transfer, or modification of a Registration, an operator of a telecommunications facility must complete and submit a Registration form to the County’s Office of Information Technology in accordance with the requirements of Titles I-III of this ordinance. The Registration form must contain such information as the County may from time to time require. Registration forms may be obtained from the County’ s Office of Information Technology. If the Registration is for the use of airport rights-of-way, then the Registration as required by this Section shall be submitted to the Aviation Department. (b) Contents of a Registration. All Registrations, renewal, transfer, or modification shall be initiated by submission of an original and two (2) copies of a completed form. All Registrations shall be submitted to the Chief Information Officer of the County’s Office of Information Technology or the Aviation Department, or designee. The County has the right to request additional information if the form is incomplete. All completed Registration forms shall be available for public inspection and shall include the names and addresses of persons authorized to act on behalf of the operator with respect to the Registration. (c) A Registration may be filed by any person on that person's own initiative or in response to a request for proposals by the County. (d) Registration Filing Fee. (1) Except as provided in Section 20-596, every Registration shall be accompanied by a nonrefundable Registration fee established by resolution of the Board and incorporated into the Broward County Administrative Code. (2) All checks shall be made payable to the Board of County Commissioners for Broward County, Florida, and delivered to the Chief Information Officer of the County’s Office of Information Technology or designee. (3) Where the County's out-of-pocket costs in considering the Registration exceed the amount of the filing fee, such costs shall be paid by the operator. Within thirty (30) calendar days of the Effective Date of the Registration, the County Administrator or designee must notify the successful Registrant of the amount of any such costs and its method of calculation. If the costs are not paid within sixty (60) calendar days of the Effective Date of the Registration, the Registration shall be deemed null and void. Payment under protest of the costs shall be a prerequisite to contesting the amount of the out-of-pocket costs. Amounts paid under this subsection shall be amortized over the term of the Registration and shall be applied as credit against the occupancy fee. (e) Modification of Registration. (1) Each operator requesting modification of a Registration shall, at a minimum, set forth the information contained in subsection (2) below. To be deemed acceptable for filing, an original and two (2) copies of the request for modification shall be submitted to the County accompanied by the required fee. (2) Each request for modification shall contain; a. The specific modification requested; b. The justification for the requested modification, including the impact of the requested modification on the use of the rights-of-way, and the impact on the operator if the modification is denied; c. A statement whether the modification is sought pursuant to federal or state law and, if so, a demonstration that the requested modification meets all the requirements of that law; and d. Any other information deemed necessary by the County in order for the County to make a determination regarding the use and regulation of its rights-of-way. (3) No fee shall be required where the modification is required to bring the Registration into conformity with any state, federal, or local law or regulation. (f) Requests for Transfer. Any operator requesting a transfer of a Registration must comply with the requirements set forth in subsection (d) above. However, if the proposed transferee has already been registered pursuant to this ordinance, to the extent information provided by the proposed transferee is accurate at the time of the request of the transfer, the proposed transferor may simply cross-reference the proposed transferee’s previous submission. (g) County Review of Registration. The County Administrator or designee shall review the request for Registration, or changes, renewal or transfer Registration and may request such additional information as deemed necessary in the review process and require such changes to the proposed use of County’s rights-of-way as may be necessary and lawful in the exercise of the County's authority over County roads and rights-of-way. Once the information required by the County has been provided, the Registration request shall be promptly reviewed by the County and written acknowledgment of Registration shall be provided if it finds that: (1) The operator has the qualifications to construct, operate, maintain, and repair the proposed telecommunications facility in conformity with applicable law. (2) The operator has demonstrated compliance with state and federal law and with all the requirements for a Registration provided in this ordinance. (3) The operator accepts the modifications required by the County to its proposed telecommunications facility. (4) The operator has complied with all conditions precedent pursuant to this ordinance. (5) In the case of a transfer of a Registration, the County must also determine that: a. there will be no adverse effect on the use and regulation of the County’s rights-of-way, or the County’s interest in the Registration; b. proposed transferee agrees to be bound by all the conditions of the Registration and to assume all the obligations of its predecessor; and c. any outstanding compliance and compensation issues are resolved or preserved to the satisfaction of the County. (h) An operator shall not be registered if it files or, in the previous three (3) years, has filed materially misleading information in a previous submission to the County, or a Registration form is incomplete. (i) Denial of a Registration. The County’s denial of a Registration shall be supported by written findings which may include, among other things, past performance of the Registrant and findings of a material violation of this ordinance, which shall be provided to the operator. The County shall provide a reasonable opportunity for the operator to show that it would be inappropriate for the County to deny the renewal, transfer, or modification under this ordinance. A material violation of this ordinance shall be deemed to exist in the event any of the following exists or has occurred: (1) Failure to pay Registration filing fees pursuant to this ordinance; (2) Operating in a manner inconsistent with the Registration; (3) Failure to perform work within the rights-of-way pursuant to the requirements of Section 20-591 of this ordinance; (4) Failure to provide insurance and bonding requirements pursuant to Section 20-591 of this ordinance; (5) Permitting a reseller to use a Registrant’s telecommunication facilities within the rights-of-way without providing written notice to the County pursuant to this ordinance; or (6) Failure to comply with any provision of this ordinance. (j) Acknowledgment of Registration. Within thirty (30) calendar days after the |