6687-01
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ORDINANCE NO. 6687-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA;
RELATING TO TELECOMMUNICATIONS FRANCHISES;
AMENDING ARTICLE II, SECTION 32.032, CLEARWATER CODE
OF ORDINANCES; ELIMINATING THE AUTHORITY OF THE
CITY TO GRANT A FRANCHISE TO A TELECOMMUNICATIONS
COMPANY; PROVIDING AN EFFECT DATE.
WHEREAS, The Telecommunication Act of 1996 began the deregulation
of the telecommunications industry, and since deregulation telecommunications
companies have filed numerous request to enter the City; and
WHEREAS, prior to deregulation there was a monopoly on
telecommunications services with regulation through federal, state and local
agencies; and
WHEREAS, the City's regulation of the telecommunications industry was
through the issuance of franchises to do business within the City; and
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WHEREAS, the federal and state governments, through legislation or their
designated agencies has preempted the ability of the City to regulate
telecommunications companies in many areas of the business; and
WHEREAS, the 2000 Florida Legislature passed the Communications Tax
Simplification Law whereby the City is prohibited from entering into a franchise
with a telecommunications company as a condition of placing or maintaining its
telecommunications facilities in the city's roads and rights of way; and
WHEREAS, to conform to the proscription in the Law, the ordinances of
the City must be amended; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 032 of Chapter 32 of Article II, Clearwater Code is
amended to read:
ARTICLE II. FRANCHISES
Sec. 32.032. Granted by the city commission.
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The city commission may by ordinance grant permission to any person to
construct and operate a public utility. exceot as of January 1. 2001 a
telecommunications comoany. as defined in & 364.02(12). Florida Statutes as
amended from time to time or unless and until iudicially or legislatively
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Resolution No. 6687-01
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determined to the contrary. in the streets and public grounds of the city, but no
such grant or renewal thereof shall be made in violation of any of the limitations
contained in this article.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 18, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 1, 2001
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Brian J. Aungf ' -.
Mayor-Commissioner
Approved as to form:
Attest:
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Cy ia~._ Goudeau
City lerk
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Ordinance No. 6687-01