Senate Bill 1704
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Florida Senate - 1998 SB 1704
By Senators Bronson, Silver, Holzendorf, Meadows, Turner and
Gutman
18-579A-98
1 A bill to be entitled
2 An act relating to telecommunications
3 companies' use of roads and rights-of-way;
4 creating s. 337.4011, F.S.; providing for the
5 regulation of the use of roads and
6 rights-of-way; providing for limitations on
7 fees; defining the term "administrative cost";
8 limiting the amounts of fees that a
9 municipality may impose as a condition for
10 issuing certain permits; prohibiting in-kind
11 compensation in lieu of prescribed fees;
12 prohibiting local governments from using their
13 authority over the placement of
14 telecommunications facilities as a basis for
15 regulating matters that are within the
16 jurisdiction of the Florida Public Service
17 Commission or the Federal Communications
18 Commission; providing that a telecommunications
19 company that has permission to occupy or is
20 occupying municipal roads or rights-of-way on a
21 specified date need not obtain additional
22 consent to continue such occupation; providing
23 applicability; repealing s. 337.401(3), (4),
24 F.S., relating to municipalities' regulation of
25 the use of municipal streets by telephone
26 companies and municipalities' entering into
27 agreements with entities providing
28 telecommunications services to allow those
29 entities to use municipal streets, alleys, or
30 other public ways; providing an effective date.
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Florida Senate - 1998 SB 1704
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1 WHEREAS, the Legislature finds that the public roads
2 and rights-of-way in this state are owned by the people of
3 this state and held in trust on a nonproprietary basis by
4 local governmental entities for public uses including the
5 provision of telecommunications services, and
6 WHEREAS, since the passage of chapter 95-403, Laws of
7 Florida, and the enactment of the federal Telecommunications
8 Act of 1996, municipalities have been considering and adopting
9 ordinances that impose upon telecommunications companies
10 regulations and fees that exceed the limits set by law, and
11 WHEREAS, the Legislature finds that the fees imposed on
12 telecommunications companies by local governmental entities
13 relating to roads and rights-of-way should not exceed the cost
14 to the municipality of administering the occupancy of roads
15 and rights-of-way by telecommunications companies, and
16 WHEREAS, the Legislature finds it necessary to clarify
17 the authority of local governmental entities over the
18 operations of telecommunications companies and their occupancy
19 of roads and rights-of-way, NOW, THEREFORE,
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 337.4011, Florida Statutes, is
24 created to read:
25 337.4011 Use of roads and rights-of-way by
26 telecommunications companies subject to regulation; limitation
27 on fees.--
28 (1) Definitions.--As used in this section, the term
29 "administrative cost" means the actual costs a municipality
30 incurs which are directly attributable to the activities of
31 issuing and processing rights-of-way permits, inspecting job
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Florida Senate - 1998 SB 1704
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1 sites and restoration projects, determining the adequacy of
2 rights-of-way restoration, and restoring inadequately
3 performed work after providing notice and the opportunity to
4 correct the work.
5 (2) A municipality may require a telecommunications
6 company as defined in s. 364.02 to pay a fee as a condition to
7 issuing a permit to install, locate, or relocate
8 telecommunications facilities in the roads and rights-of-way
9 of the municipality. Any fee imposed for such a permit must
10 not exceed the administrative cost. Alternatively:
11 (a) If a municipality requires a telecommunications
12 company that is providing telecommunications services defined
13 in s. 203.012(3) to pay a fee as a condition for granting
14 permission to use municipal roads and rights-of-way as the
15 sites for poles, wires, and other fixtures, the fee may not
16 exceed 1 percent of the gross receipts on recurring local
17 service revenues for services that the telecommunications
18 company provides within the corporate limits of the
19 municipality; or
20 (b) If a municipality requires any telecommunications
21 company that is providing telecommunication services defined
22 in s. 203.012(7) to pay a fee as a condition for granting
23 permission to use municipal roads and rights-of-way as the
24 sites for poles, wires, and other fixtures, the fee may not
25 exceed $500 per linear mile of any cable, fiber-optic, or
26 other pathway that makes physical use of the municipal
27 right-of-way. A telecommunications company may not be required
28 to pay more than one such fee or other consideration annually
29 for the construction, maintenance, repair, rebuilding, or
30 replacement of a parallel telecommunications route owned by
31 it, or by a subsidiary under its direct control, which makes
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Florida Senate - 1998 SB 1704
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1 use of the roads or rights-of-way of any municipality that
2 enacts an ordinance pursuant to this paragraph. The fee
3 imposed under this paragraph is inapplicable to a
4 telecommunications company that provides telecommunication
5 services as defined in s. 203.012(3).
6 (3) Included in the fees provided for in subsection
7 (2) are all taxes, licenses, fees, and other sums imposed by a
8 municipality, except ad valorem taxes and assessments for
9 special benefits, such as sidewalks, street pavings, and
10 similar improvements, and any applicable occupational license
11 taxes levied or imposed by a municipality upon the
12 telecommunications company. Except as expressly authorized or
13 allowed by general law, a municipality may not levy on a
14 telecommunications company a tax, fee, or other charge for
15 operating as a telecommunications company within the
16 jurisdiction of the municipality or that is in any way related
17 to using roads or rights-of-way. A municipality may not allow
18 a telecommunications company to pay a fee or provide
19 compensation in excess of the limits prescribed in this
20 section. A municipality may not require or accept in-kind
21 compensation in lieu of any fees imposed pursuant to this
22 section.
23 (4) A local governmental entity may not use its
24 authority over the placement of facilities in its roads and
25 rights-of-way as a basis for asserting or exercising
26 regulatory control over a telecommunications company regarding
27 matters within the jurisdiction of the Florida Public Service
28 Commission or the Federal Communications Commission,
29 including, but not limited to, the operations, systems,
30 qualifications, services, service quality, service territory,
31 and prices of a telecommunications company. This section does
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1 not limit or expand the authority of a local governmental
2 entity over any person providing cable service as defined in
3 47 U.S.C. s. 522.
4 (5) A telecommunications company that has obtained
5 permission to occupy the roads and rights-of-way of an
6 incorporated city or town or that is otherwise lawfully
7 occupying the roads or rights-of-way of a municipality on
8 January 1, 1998, shall not be required to obtain additional
9 consent to continue such lawful occupation of those roads or
10 rights-of-way.
11 (6) Except as expressly provided in this section, this
12 section does not modify the authority of local governmental
13 entities under s. 337.401 or s. 166.231, nor does this section
14 modify the duties of telecommunications companies under ss.
15 337.401-337.404. This section does not apply to private roads,
16 easements, and rights-of-way, to building permits, or to pole
17 attachments. Except as expressly provided in this section,
18 this section does not limit or expand whatever powers counties
19 may have relating to roads and rights-of-way.
20 Section 2. Subsections (3) and (4) of section 337.401,
21 Florida Statutes, are repealed.
22 Section 3. This act shall take effect upon becoming a
23 law.
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2 SENATE SUMMARY
3 Provides for the regulation of the use of roads and
rights-of-way by telecommunications companies. Provides
4 for limitations on fees for such usage. Defines the term
"administrative cost." Limits the amounts of fees that a
5 municipality may impose as a condition for issuing
certain permits. Prohibits exacting in-kind compensation
6 in lieu of prescribed fees. Prohibits local governments
from using their authority over the placement of
7 telecommunications facilities as a basis for regulating
matters that are within the jurisdiction of the Florida
8 Public Service Commission or the Federal Communications
Commission. Provides that a telecommunications company
9 that has permission to occupy or is occupying municipal
roads or rights-of-way on January 1, 1998, need not
10 obtain additional consent to continue such occupation.
Provides applicability. Repeals s. 337.401(3),(4), F.S.,
11 relating to municipalities' regulation of the use of
municipal streets by telephone companies and
12 municipalities' entering into agreements with entities
that provide telecommunications services to allow those
13 entities to use municipal streets, alleys, or other
public ways.
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