§ 35.5-1. Occupancy of public rights-of-way by persons for the purpose of transmitting or communicating data, information, intelligence, signals and/or voice 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, nor equipment, facilities or plant, nor cut, trim, destroy or damage any trees or shrubs, nor make any cuts or excavations on, in, over, or under any public rights-of-way, for the purpose of transmitting or communicating data, information, intelligence, digital, video, voice and/or other signals, without first having obtained the necessary approval of the appropriate parochial departments and a franchise in accordance with this chapter. Upon the expiration or termination of any existing grants of authority to telecommunications service providers to use public rights-of-way, a franchise governed by this article shall be required before any additional, continued or new occupancy or use of public rights-of-way may lawfully occur. Access to certain parcels of public rights-of-way by a grantee hereunder may be denied by the grantor when, in the grantor's sole discretion, it is determined that placement of equipment, facilities and/or plant on public rights-of-way will be detrimental to the public health, safety, or welfare or will unreasonably impair or impede the normal use thereof.

(b)

Nor shall any person make any cuts or excavations and/or constructions or erections of equipment, facilities or plant or works of any sort, or do any act, including the placement of equipment, facilities or plant, in anticipation or preparation of any of the foregoing acts, and/or the cutting, trimming, destruction or damaging any trees or shrubs, nor make any cuts or excavations for the purpose of constructing or placing wireline telecommunications equipment, facilities 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.

(c)

All franchises granted under or governed by this article shall also be subject to the provisions of Article II and Article III of this chapter.

(Ord. No. 20914, § 1, 3-15-00)