§ 30-65. Construction provisions.

(a)

Application to place communications equipment. Whenever grantee desires to place communications equipment on any utility poles or other city property in the public right-of-way, grantee shall complete an application with the department of safety and permits for permission to attach to specific utility poles or other city property in the public right-of-way. This written request shall also include, but not be limited to, the location of specific utility poles or other city property in the public right-of-way, and the description of equipment to be attached. Upon receipt of request, grantor shall have right to approve locations, and afterwards, to inspect grantee installation of equipment onto city street light poles.

(b)

Coordination with third parties. The director shall be responsible for identifying and notifying all third-party users of any city-owned utility poles or other city property in the public right-of-way of any proposed new contracts or modifications of existing contracts. Grantee shall coordinate directly with third-party users any work that may be required by the third-party users to accommodate grantee's proposed work. Any costs associated with such modification of third-party user's equipment are the responsibility of grantee.

(c)

Access. For the term of the franchise, grantee is authorized to use any easements of grantor and public rights-of-way for access to utility poles or other city property in the public right-of-way to which communications equipment is attached pursuant to the franchise so long as such use is not in conflict with grantor's present and future use. The right to access the utility poles or other city property in the public right-of-way granted by the franchise is non-exclusive.

(d)

Installation of new utility poles. If grantee needs overhead communications equipment in location(s) where the city does not have utility poles, grantee shall complete an application with the department of safety and permits under the franchise for permission to place communications equipment on the new utility poles. Grantor, at its sole discretion and at the expense of grantee, may install utility poles in such location or permit the grantee to install new utility poles, as appropriate. Unless deemed necessary by grantor, grantee will not be required to remove said poles upon expiration of the franchise agreement and they will become the property of the City of New Orleans.

(e)

Approval to place communications equipment.

(1)

After a completed application has been submitted by grantee and has been reviewed and approved by the director and approved by all necessary departments and commissions in areas subject to their jurisdiction, permission to place the communications equipment described in the application on the poles identified in the request shall be granted by the grantor in writing, as expeditiously as feasible, but within 30 days after the receipt of a completed request. The director shall notify an applicant within ten days of confirmed receipt of an initial application to install a small wireless facility as whether the application is complete. For all other initial applications for wireless facilities, the director shall notify an applicant within 30 days of confirmed receipt as to whether the application is complete. If an application is incomplete, the director will notify the applicant within ten days of receipt of the supplemental submission needed to complete the application as to whether the application is complete.

(2)

If, in the judgment of the city, the accommodation of any of grantee's communications equipment necessitates either the rearrangement of city equipment located on a utility pole or the replacement of a utility pole, the director will notify grantee of the necessary changes and the estimated cost of the work required. At director's option, grantor may require grantee to perform the requested work on behalf of the grantor to grantor's specifications. Any services that grantee agrees to provide grantor shall be memorialized in a separate agreement. Alternatively, grantor may perform the work at grantee's sole expense.

Grantee shall reimburse grantor for the total cost of the work including all direct employee wage and benefit costs, cost of materials, and cost of equipment used. Grantor will make reasonable efforts to notify grantee of any extraordinary cost before such costs are incurred. Prior to commencing any work, the director may require grantee to pay a deposit equal to the estimated total cost of the work. Grantor shall not be responsible to grantee for any loss sustained by grantee by reason of the failure of grantor or any third party to perform work contemplated by this section.

(3)

After completion of any work required by the grantor to make the utility poles ready for placement of the communications equipment and after receiving written approval to proceed from the director, grantee shall have the right to install, maintain and use communications equipment described in its request, subject to any reasonable technical conditions in the grantor's written approval.

Grantee shall also complete such installation within such reasonable time limit as determined by the director, subject to weather delays, as may be specified in each application and written approval. If the installation is not substantially completed in the specified time limit, then, upon notice by director, the request and approval shall be considered withdrawn and a new request must be submitted for approval.

(4)

Nothing in this agreement shall be construed to obligate grantor to grant grantee permission to use any part of the utility poles, provided that such use shall not be denied or delayed in a discriminatory manner.

(f)

Additional attachments. Grantee shall not have the right to place, nor shall it place, any additional communications equipment in contact with any street light poles without first completing an application for and receiving written permission to do so from grantor as described above. Grantee may modify or rearrange existing attachments without being charged an additional attachment fee; for any new attachments the applicable fee shall be charged.

(g)

Installation and maintenance of attachments. Grantee shall, at its own sole risk and expense, install and maintain communications equipment on utility poles in safe and good repair and in accordance with the requirements of the grantor and all municipal, state and federal laws, ordinances and regulations.

(h)

Identification of communications equipment. Grantee shall identify the communications equipment newly installed or serviced at each contact point by means of a marking method mutually agreed upon by the parties. Such identification shall be visible. Grantee shall provide the grantor a 24-hour contact phone number to enable grantor to report any concerns regarding the communications equipment. In the event that grantor reports such concerns to grantee, grantee shall promptly respond to such call(s) and perform the required repair or correct any adverse impact to grantor's operations caused by such communications equipment at no cost to grantor unless caused by grantor.

(i)

Reservation of rights. Grantor reserves the right to operate and maintain utility poles to fulfill its service requirements to its residents. Grantor shall not be liable to grantee for any interruption to grantee's service or for any interference with the operation of grantee's equipment arising in any manner except for gross negligence or willful misconduct from the use of utility poles by grantor in accordance with this Act, provided that grantor shall give grantee 15 days (or such additional time as may be reasonably required) advance notice of any non-emergency work which affects grantee's communications equipment.

(j)

Grantorship or vested interest created. No use of any utility poles under this Act shall create or vest in grantee any ownership interest, tenancy, estate or any other interest in the utility poles and grantee's rights therein shall be and remain a license. Each party shall pay the cost of the installation and maintenance of its own facilities. Nothing in this Act shall be construed to compel grantor to maintain any utility poles for a period longer than demanded by its own service requirements.

(k)

Damage to grantor property. Grantee shall exercise special precautions to avoid causing damage to utility poles and/or any grantor property. Grantee shall assume responsibility for any loss from such damage caused by grantee. Grantee shall make a report within five days of knowing of the occurrence of any such damage to the director and shall, within 30 days following demand, either repair such damage or reimburse grantor for the total cost incurred in making repairs including all direct employee wage and benefit costs, cost of materials, and cost of equipment used.

(l)

Use of easements. For the term of each agreement pursuant to this Act, grantee is authorized to use any easements and rights-of-way of grantor for access to utility poles to which communications equipment is attached pursuant to this Act so long as such use is not in conflict with grantor's present and future use, and grantor is able to authorize or suffer legitimately the same.

(m)

Replacement of utility poles. In the event any utility poles occupied by grantee pursuant to this Act are to be replaced, repaired or altered, grantee shall, at its own sole risk and expense, upon notice from director, relocate or replace its communications equipment or transfer it to replacement utility poles or perform any other work in connection with said equipment that may be required by grantor. If grantee is required to remove any of its small wireless facilities from any utility pole then grantor will specify an alternative utility pole on which grantee will be entitled to relocate its small wireless facilities. To the extent technically feasible, the alternative site proposed will be located in substantially the same area and capable of providing the same level of service as determined by the grantee.

In cases of emergency, grantor may, at grantee's sole expense, relocate, replace or renew the communications equipment, or transfer it to replacement utility poles or perform any other work required to serve the needs of grantor. Grantor shall make commercially reasonable efforts to notify grantee of the relocation of its communications equipment in the event of an emergency, prior to the relocation of that equipment.

(n)

Removal or vacation. Should grantee remove its communications equipment from any of the city's utility poles, grantee shall, within 30 days after such removal, give notice thereof to the director, specifying the poles vacated and the location thereof, as well as the date of removal. Removal of all communications equipment from any utility poles without its replacement or substitution by grantee within 30 days shall constitute a termination of grantee's right to use such utility poles without making new request therefor.

(o)

Utility pole removal notice. If grantor desires at any time to remove any utility pole, grantor shall, except in cases of emergency, give grantee notice, in writing, to that effect at least 30 days prior to the date on which it intends to remove such utility pole. If grantee cannot accommodate the removal of the communications equipment within the 30-day notice period then the parties will either (1) have the grantor remove and store grantee's equipment or (2) shall negotiate and mutually agree upon a longer timeframe for removal of the utility pole and grantee's equipment, on a case by case basis. The removal of the wireless facility shall be at the sole risk and expense of grantee.

If grantor is required by law or ordinance to remove any utility pole or utility poles or for any reason desires that any particular utility be removed without replacement, grantor shall so inform grantee in writing.

If grantor informs grantee of its desire to remove the utility pole, then grantee shall remove the communications equipment from the utility pole before grantor's intended removal date. The removal of the communications equipment shall be at the sole risk and expense of grantee. Grantor shall make a reasonable effort to provide any alternate utility pole or any other facility for the relocation of grantee's communications equipment.

In the event of an emergency, grantor may remove such utility pole and shall in such case immediately notify grantee of the action taken. Grantor shall make commercially reasonable efforts to notify grantee of the removal of its communications equipment, prior to the emergency removal of that equipment.

(p)

Permits required.

(1)

In addition to a franchise as required by this Act, no wireless franchise equipment may be installed, erected, or otherwise placed pursuant to such a franchise without first securing a permit for same from the director of the department of safety and permits. Fees for permitting shall be in accordance with the following schedule:

a.

For installation of small wireless facilities on a city-owned asset or co-located upon an asset owned by a public utility or communication provider operating pursuant to a franchise from the City of New Orleans, the non-recurring permit fees required are as follows:

1.

In the area bounded by the east bank of the Mississippi River, the rear property line of the properties on the upriver side of Iberville Street, the rear property line of the properties fronting on the Lake Pontchartrain side of North Rampart Street, and the rear property line of properties fronting on the downriver side of Esplanade Avenue: $250.00 per device, plus any additional fees that may be imposed by the terms of the wireless franchise agreement.

2.

In all other areas: $100.00 per device, plus any additional fees that may be imposed by the terms of the wireless franchise agreement.

b.

For installation of a pole or tower to be erected by the wireless franchisee for the purpose of supporting one or more small wireless facilities on such installation, the non-recurring permit fees required are as follows:

1.

In the area bounded by the east bank of the Mississippi River, the rear property line of the properties on the upriver side of Iberville Street, the rear property line of the properties fronting on the Lake Pontchartrain side of North Rampart Street, and the rear property line of properties fronting on the downriver side of Esplanade Avenue: $2,500.00 per pole or tower, plus any additional fees that may be imposed by the terms of the wireless franchise.

2.

In all other areas: $1,000.00 per pole or tower, plus any additional fees that may be imposed by the terms of the wireless franchise.

(q)

Right to inspect. Grantor shall have the right to inspect each new installation of communications equipment attached to utility poles and to make periodic inspections at the grantor's discretion as conditions may warrant. Such inspections shall not relieve grantee of any responsibility, obligation or liability assumed under this Act.

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