§ 35.5-2. Intent.

(a)

Policy. It is the intent of the grantor, as hereinafter defined, to establish procedures, terms and conditions managing the occupancy and use of public rights-of-way by providers of telecommunications services, as such providers occupy, install, maintain and/or repair telecommunications systems on, above, or beneath public rights-of-way, to define the relationship between the grantee(s) and the grantor; and to provide for the administration and supervision by the grantor of franchises, throughout the term of the franchise. The requirements of this chapter represent the present intention of the grantor. The grantor reserves the right to amend or revise this chapter in the future as deemed necessary by the grantor.

(b)

Applicability.

(1)

In general. This article shall be generally and immediately applicable to any person occupying the public rights-of-way for the installation, maintenance, repair and/or operation of telecommunications systems and telecommunications systems providing long distance network services and for the purpose of determining compensation payable to the parish under existing indeterminate or perpetual franchises, permits and privileges granted by the parish. This article shall apply to cable television providers and electric, gas and other utilities including their subsidiaries, affiliates, assignees, lessees, or partners, as the same may install, maintain, repair and/or operate telecommunications systems, in, and/or offer telecommunications services through, the occupancy of the public rights-of-way. Notwithstanding any other provision of this article to the contrary, nothing in this article shall alter the terms, including rates of compensation, of any valid franchise, and/or other contract existing on the date on which this article first becomes effective, except as otherwise provided in Article II.

(2)

Cable television providers. This article shall not apply to cable television providers authorized by the grantor, pursuant to a cable television franchise, to furnish cable television services in the parish with respect to the provision of those cable television services. In the event cable television providers desire to provide telecommunications services, then this chapter shall apply, and a franchise under this chapter must be obtained by such provider.

(3)

Programming services. Subject to the provisions of subsection (4) below, no person granted a franchise pursuant to this article shall use its telecommunications system to provide video programming services or cable services or operate a cable system as defined in the Cable Communications Policy Act of 1984 (47 U.S.C.A. § 521, et seq., as amended) or as recognized by the Federal Communications Commission (FCC), without first obtaining a separate authorization from the grantor; and no such person shall allow the use of its telecommunication system by a provider of programming services or a cable system to offer video programming unless such provider has been granted a franchise by the grantor.

(4)

Open video systems.

a.

Any person granted a franchise pursuant to this article who becomes certified by the FCC to provide video programming services through an open video systems must notify the parish of such certification, and must modify its franchise to provide for: (i) the payment of additional franchise fees for the occupation and use of public rights-of-way for the purpose of operating an open video system; (ii) the provision of public, educational, and governmental access on such an open video system; and (iii) such other provisions as may be required by the FCC, the Louisiana Public Service Commission or the parish;

b.

Any person intending to provide an open video system in the parish that does not have a franchise under the provisions of this article or a cable television franchise, must notify the parish upon being certified by the FCC to provide such service, and must enter into an agreement with the parish providing for: (i) the payment of franchise fees for the occupation of public ways or public property for the purpose of operating on open video system, (ii) the provision of public, educational, and governmental access on such open video system; and (iii) such other provisions as may be required by the FCC or the parish.

(Ord. No. 20914, § 1, 3-15-00; Ord. No. 20991, § 5, 6-28-00)