PASCO COUNTY, FLORIDA

                                                       INTEROFFICE MEMORANDUM

TO:            Honorable Chairman and                                DATE:  7/09/02     FILE: 02-0516

                 Members of the Board of

County Commissioners

                                                                                    SUBJECT:   Pasco County

                                                                                                     Communications Rights-of-Way  Ordinance

                                                                                                     Public Hearing – 7/16/02;

9:30 a.m.; Dade City

FROM:    Barbara L. Wilhite                                REFERENCES:

              Chief Assistant County Attorney                                     Introduction:  2/19/02; 9:30 a.m.; D.C.

It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

DESCRIPTION AND CONDITIONS:

Please find before you for the first and final public hearing the proposed Pasco County Communications Rights-of-Way Ordinance.  This proposed ordinance will establish the regulations for communications companies to place and maintain facilities in the County’s rights-of-way. Florida passed the Communications Services Tax Simplification Law, Chapter 2000-260, Laws of Florida (“Communications Law”).  Under the Communications Law, the County cannot require communications providers to enter franchise agreements that provide conditions for using the rights-of-way or compensation.  Rather, the Communications Law establishes a registration mechanism to authorize communications providers to use the rights-of-way.

• Registration -- The proposed ordinance creates a registration procedure for communications companies that place or maintain facilities in the rights-of-way.  To register, a company must submit its name and contact information, proof of authority, insurance certificate, and security fund.  Companies with existing facilities in the rights-of-way must register within 120-days.

• Permit Requirements -- Once a company registers effectively with the County, the company must obtain a permit before working in the rights-of-way.  The ordinance details what must be included in a permit application.

• Conditions for Using the Rights-of-way -- The proposed ordinance sets forth detailed conditions for placing and maintaining facilities in the rights-of-way.  These include requirements for placing facilities underground to the extent feasible, relocating or removing facilities, and restoring property.  

• Compensation – The ordinance provides that communications providers that use the rights-of-way must either pay the tax rate adopted by the County or, if a company uses the rights-of-way but does not pay a tax because it does not provide services within the County, the ordinance establishes an annual fee of $500 per mile, which is the maximum allowed under state law. 

• Security Fund -- The proposed ordinance contains a requirement for a Security Fund of a $100,000 bond or cash deposit, when a company registers to guarantee compliance with the ordinance.

• Construction Bond – The ordinance allows the County to require a construction bond if necessary to guarantee restoration of property.

• Insurance and Indemnification – The ordinance contains adequate requirements.

· Enforcement remedies – The ordinance has various enforcement mechanisms, including suspension of permits, fines, and termination of registration. 

Before scheduling this ordinance for a public meeting, we met with affected industry members and revised the proposed ordinance based on their comments.

ALTERNATIVES AND ANALYSIS:

1. Adopt the proposed Pasco County Communications Rights-of-Way Ordinance.

2. Require additional or alternative terms for the Ordinance.

3.         Do not adopt the proposed Pasco County Communications Rights-of-Way Ordinance.

RECOMMENDATIONS AND FUNDING:

The County Attorney’s Office, with the concurrence of the County’s consultant, Gary Resnick, Esq., and the County Administrator, recommends that the Board of County Commissioners adopt the attached proposed Pasco County Communications Rights-of-Way Ordinance.

No funding is required for this item.  The proposed Ordinance will require that communications companies that use the public rights-of-way pay the appropriate communications tax if they are providing services in the County, or pay the County $500 per linear mile for facilities placed in the rights-of-way.

ATTACHMENT:

Proposed Pasco County Communications Rights-of-Way Ordinance.

cc:        Michael Nurrenbrock, Director, Office of Management and Budget (w/attachment)

Debra Zampetti, Director, Zoning/Code Compliance Administrator (w/attachment)