§ 30-61. Wireless facility franchise and permit requirements for use of city property for the purpose of transmitting or communicating data, information, intelligence, signals, voice, and/or video signals.

(a)

No person shall mount, install, or otherwise attach a wireless radio, node or antenna or such other comparable equipment on any utility pole or other city property nor in or on any rights-of-way of the city, for the purpose of transmitting or communicating data, information, intelligence, signals, voice and/or video signals, without first having obtained the following necessary approvals:

(1)

A city council approved franchise in accordance with the Home Rule Charter of the City of New Orleans; and

(2)

Approval from all appropriate city departments via the department of safety and permits in accordance with section 30-65.3 of this Act.

(b)

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 new 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.

(c)

Nor shall any person make any 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 attaching or placing wireless facilities on, in, or under any of the places described in subsection (a) without first having obtained the approvals required by subsection (a) of this section. 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, provided grantee shall have six months after any termination or expiration of the franchise to remove any equipment from city property or city rights-of-way without obtaining an additional franchise.

(d)

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, before any such acts are undertaken, file with the director, a letter from the wireless service provider authorizing the contracting party to do the acts described in subsections (a) and (b) above. The letter shall include the contracting party's complete contact information. Upon the expiration or termination of such franchise, neither grantee nor the contracting party shall perform any of the acts enumerated in this section without first having obtained a renewal franchise and applicable city permit pursuant to this Act.

(e)

Without limiting the general application of the foregoing, the provisions of this section 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.

(f)

Whoever does anything prohibited or fails to do anything required by this section 30-61 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.

(g)

Nothing contained in M.C.S., Ordinance No. 27999 shall restrict or prohibit grantee's use of contractors or otherwise require any grantee contractor to obtain a franchise. Nothing contained in M.C.S., Ordinance No. 27999 shall restrict or prohibit the sale of access or provision of wireless services to subscribers or wholesalers or otherwise require any subscriber or wholesaler to obtain a franchise or other approval from the city for such access or use.

(M.C.S., Ord. No. 27999, § 1, 3-14-19)