§ 30-43. Occupancy of rights-of-way by persons for the purpose of transmitting or communicating data, information, intelligence, signals, voice and/or video signals.

(a)

No person shall lay, place, string or otherwise deploy coaxial, copper, fiber optic or other cable or wire, nor conduit for the purpose of containing same, on any Public Property, nor on any Rights-of-Way, for the purpose of transmitting or communicating data, information, intelligence, signals, voice and/or video signals, without first having obtained the necessary approval of the appropriate City departments and a Franchise in accordance with this Act. Upon the expiration or termination of such franchise, Grantee shall not perform any of the acts enumerated in this Section without first having obtained a franchise pursuant to this Act. Access to certain parcels of Public Property by a Grantee hereunder may be denied by the Grantor when, in the Grantor's sole determination, placement of Equipment and Plant on such Public Property will be detrimental to the public health, safety, and welfare to the end thereof.

(b)

Nor shall any person make any cuts or excavations and/or constructions or erections of Equipment or Plant or works of any sort, or do any act, including the placement of Equipment or Plant, in anticipation or preparation of any of the foregoing acts, for the purpose of constructing or placing wireline telecommunications equipment or plant in, on, or under any of the places described in subsection (a) without first having obtained the approvals required by subsection (a) and a Franchise expressly authorizing such activity. Upon the expiration or termination of such franchise, Grantee shall not perform any of the acts enumerated in this Section without first having obtained a franchise pursuant to this Act.

(c)

Any Person contracting with any other Person or entity for the purpose of doing any of the acts described in subsections (a) and (b) above shall file with the City Attorney, Clerk of Council, the Council Regulatory Utilities Office and the Department of Finance on or before the third day following the execution of the contract and at least four days prior to doing any of the acts described in subsections (a) and (b) above, an informational filing including a copy of the contract, copies or verification of such approvals, and a copy of the Franchise expressly authorizing such activity. Upon the expiration or termination of such franchise, Grantee shall not perform any of the acts enumerated in this Section without first having obtained a franchise pursuant to this act.

(d)

Without limiting the general application of the foregoing, the provisions of this Section 30-43 shall apply to all immovable property, including servitudes controlled, administered or managed by any public benefit corporation, unattached board or commission, or independent agency of the City, including but not limited to those listed in Article V of the Home Rule Charter of the City of New Orleans.

(e)

Whoever does anything prohibited or fails to do anything required by this Section 30-43 shall be guilty of a misdemeanor. In the event of any such violation by any association, corporation, partnership or other entity, the executive officers thereof shall be liable to the punishment prescribed herein.

(Code 1956, § 52-44; M.C.S., Ord. No. 16,661, § 1, 10-6-94; M.C.S., Ord. No. 17,560, § 1, 6-6-96; M.C.S., Ord. No. 21480, § 1, 4-1-04)