§ 35.5-4. Grant of franchise.

(a)

Grant. Subject to section 35.5-12 of this article, after the enactment event that grantor shall grant to a grantee a franchise to occupy the public rights-of-way to install, maintain and/or repair or operate a telecommunications system providing local competitive exchange service or a telecommunications system providing only long distance network service within the parish, or as provided by the specific franchise, a combination of such services. Such a franchise shall include those provisions of the grantee's franchise application that are finally negotiated and accepted by the grantor and grantee and set forth in writing.

(1)

A franchise shall be granted under the terms and conditions contained herein, which terms and conditions shall be incorporated in a franchise by reference as if fully set forth at length therein. In the event of conflict between the terms and conditions of any franchise and the terms and conditions on which the parish can grant a franchise as set forth herein, this chapter shall control, unless the franchise specifically and expressly modifies the terms of this chapter.

(2)

The franchise shall be subject to the Home Rule Charter of the parish, the provisions of the general ordinances of the Parish of Jefferson, and any applicable federal or state laws or regulations. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the grantor regarding permitting, permit fees to be paid, manner of construction, or the zoning and land use regulations.

(b)

Occupation of public rights-of-way. For the purpose of operating and maintaining a telecommunications system, a grantee may occupy, install, maintain and/or repair such equipment, facilities and plant as is necessary and appurtenant to the operation of a telecommunications system on public rights-of-way or public property within the parish. In installing, maintaining and/or repairing a telecommunications system on public rights-of-way of the parish, the grantee shall comply with all applicable rules, regulations and laws, including but not limited to all permitting, zoning and land use regulations.

(c)

Duration. The term of the franchise and all rights, obligations and restrictions pertaining thereto shall be for a period of five (5) years together with two (2) optional five-year renewal periods as may be set forth in the franchise itself. The effective date of the franchise shall be the date of acceptance of the franchise by the grantee after passage by the council.

(d)

Franchise non-exclusive. The franchise shall be non-exclusive. The grantor specifically reserves the right to grant, at any time, such additional franchises for telecommunications systems as it deems appropriate.

(e)

Non-transferability.

(1)

Grantee's prior consent required for sale or lease. Except for sales, assignments, or transfers of franchises by reason of (i) any corporate reorganization, assignment or transfer of the franchise herein granted to any person which controls, is controlled by, or is under the common control with grantee, or any person with which or into which grantee may merge or consolidate, or (ii) transfers, sales or assignments of material interests in or changes of control of grantees, franchises shall not be sublet or assigned, nor shall any of the rights therein granted or authorized be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except the grantee, without the prior consent of the grantor expressed by ordinance. Such consent shall not be unreasonably withheld. The grantor shall be deemed to have consented if the grantor has not acted within one hundred twenty (120) days after receipt of grantee's request for approval unless grantor and grantee agree to an additional period of time for grantor's review. The granting of such additional period shall not render unnecessary any subsequent consent. For the purpose of determining whether it will consent to such change, transfer, or assignment of the franchise, the grantor may inquire into the qualifications of the prospective holder of the franchise, including, but not limited to proof of such person's compliance with the insurance and security fund requirements of this article, and grantee shall assist the grantor in any such inquiry.

(2)

Written notice. A grantee shall provide the grantor with written notice of any transfer, sale, or assignment of any material interest in, or a change in control of, grantee within ten (10) days after the completion of such transfer, sale, or assignment. Grantee shall provide grantor with copies of any and all petitions, applications, communications, and reports submitted by the grantee to the FCC, the Securities and Exchange Commission or any other federal or state regulatory agency or commission having jurisdiction over any aspect of such transfer, sale or assignment.

(3)

Transfer documents must be furnished to grantee. Within sixty (60) calendar days after transfer, sale, or assignment of the franchise, grantee shall file with the grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer or assignment, certified and sworn to as correct by the grantee.

(4)

Change in control. For the purpose of this article, a change in control of grantee occurs: (a) when a fifty-one (51) percent ownership interest in the grantee is acquired; (b) when an ownership interest changes from fifty-one (51) percent or more to fifty (50) percent or less; (c) when substantially all of the assets of the grantee are acquired by a third party; or (d) when control, as defined by the regulations of the securities and exchange commission, is acquired.

(f)

Franchise required for any lessee. The grantee shall not and is not authorized to lease to any person the right to occupy or use the public rights-of-way or grantee's facilities located on the public rights-of-way for the conduct of any telecommunications service unless such person has obtained a franchise from the parish for such occupancy. Grantee shall notify grantor in writing no less than thirty (30) calendar days after grantee leases its facilities to any person.

(g)

Penalty for unauthorized sale or lease. Should the grantee sell, lease, assign, transfer, convey or otherwise dispose of any of its rights or its interests under its franchise, in violation of the above requirements, the grantor may revoke that grantee's franchise for default if the grantor determines that its interests and rights under that franchise have been prejudiced by such sale, lease, assignment, transfer, conveyance or disposition, in which event all rights and interests of that grantee shall cease and no such purported sale, lease, assignment, transfer, conveyance or disposition shall be effective as to the grantor.

(Ord. No. 20914, § 1, 3-15-00; Ord. No. 22754, § 1B, 5-17-06)