§ 835-60. Shared use of communication towers; co-location of antennas.

(A)

Co-location of telecommunication antennas by more than one (1) provider on existing, new, or modified towers shall take precedence over the construction of new single-use towers. Accordingly, each application for a telecommunication tower shall include a certified written evaluation, prepared by a professional engineer licensed to practice in the State of Florida, of the feasibility of sharing a telecommunication tower, if a telecommunication tower is located within five (5) miles of the proposed site, which examines the following:

(1)

Structural capacity of the tower or towers.

(2)

Radio frequency interference.

(3)

Geographical service area requirements.

(4)

Mechanical or electrical compatibility.

(5)

Ability to locate equipment on the tower or towers.

(6)

Availability of towers for relocation.

(7)

Any restrictions or limitations of the FCC that would preclude the shared use of the tower.

(8)

Additional information requested in writing by the city.

(B)

Each application for an antenna shall include a certified written evaluation, prepared by a professional engineer licensed to practice in the State of Florida, of the feasibility of co-locating its antenna on an existing tower. Evidence submitted to demonstrate that no existing tower can accommodate the proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause impermissible electromagnetic interference, as determined by the FCC, with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause impermissible interference, as determined by the FCC, with the applicant's proposed antenna.

(5)

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed unreasonable.

(6)

Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs.

(7)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(C)

All applicants shall demonstrate reasonable efforts in developing a co-location alternative for a proposed new telecommunication tower or antenna. An applicant for a permit to construct a tower or antenna shall cooperate with other telecommunication service providers in co-locating additional antennas on existing authorized towers. An applicant and an owner, or operator, of an existing authorized tower shall exercise good faith in co-locating the facilities. Good faith shall include sharing nonpropriety [nonproprietary] technical information to evaluate the feasibility of co-location. In the event a dispute arises whether an applicant, or an owner or operator of an existing facility has exercised good faith in accommodating other facilities, the city may require a technical study by a third party at the expense of either or both of the parties to the proposed co-location.

(D)

Applications submitted by tenants seeking to co-locate on a preexisting tower, or to rent space on a proposed tower, shall receive an expedited review process by the city. Such review shall be completed thirty (30) days following the filing of a completed application.

(E)

The owner of any telecommunication tower approved for shared use shall provide a written notice of co-location, by certified mail, return receipt requested, of the location of the tower and the load capacity of the tower to all other providers of telecommunication services in Broward County, Florida.

(F)

Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit for the specific tower.

(G)

Applicants seeking to co-locate antennas shall not pay rent to the owner or operator of the tower in excess of the fair market value for the space, as determined at the time of execution of an agreement.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)