§ 35.5-5. Construction provisions.

(a)

Initial geographical coverage. Any new telecommunications system or telecommunications system providing long distance network services shall be installed initially in accordance with the general route maps included in the franchise application. Prior to construction in areas not specified in the franchise application, grantee shall notify the parish of the planned construction and obtain necessary permits from the parish. Upon receipt of all necessary permits, grantee shall notify the that it has obtained all necessary permits, and shall request that the parish approve an amendment to the route maps included in the franchise application. The parish shall determine whether there is sufficient capacity in the public rights-of-way to accommodate grantee's proposed expansion. The parish shall have thirty (30) days from the receipt of such request to approve or disapprove the proposed amendment to the route maps. Said approval or disapproval shall be determined in a reasonable manner.

(b)

System construction schedule.

(1)

Initial service and expenditures. The grantee shall begin construction within six (6) months after acceptance of its franchise. The grantee shall complete installation of the telecommunications system in accordance with plans submitted by grantee at the time of application and approved by grantor pursuant to section 35.5-5(a).

(2)

Detailed plans and schedules. Prior to construction, the grantee shall provide a detailed construction plan including a progress schedule, area construction maps, test plan, and projected dates for offering service. In addition, the grantee shall provide the parish with evidence documenting whether schedules are being met and the reasons for any delay.

(3)

Failure to begin or complete construction. Grantee's failure to begin system construction within six (6) months after its acceptance of the franchise and/or grantee's failure to complete construction as agreed will be grounds for termination of the franchise, at the option of the grantor.

(c)

Penalties for delay in construction. The grantor may, at its sole discretion, apply penalties in connection with delays in system construction and operation including but not limited to:

(1)

Reduction in the duration of the franchise on a month-for-month basis for each month of delay exceeding three (3) months beyond the schedules set forth herein;

(2)

Termination of the franchise for delays exceeding eighteen (18) months beyond the schedules set forth herein; and/or

(3)

Other remedies or penalties as may be provided by law.

(d)

Underground of cable.

(1)

Telecommunications systems shall be installed underground at grantee's cost where existing utilities are already underground. The utility owning the underground facilities shall make a reasonable determination as to whether space is available to accommodate a telecommunications system's equipment, facilities and plant. A negative determination shall not relieve the grantee of the responsibility to underground its telecommunications system in underground utility areas. Previously installed aerial facilities shall be placed underground in concert, and on a cost-sharing basis, with other utilities when such other utilities may convert from aerial to underground construction.

(2)

Whenever technically feasible, conduits and ducts shall be installed in the street between the adjacent property line and the curb line.

(3)

Whenever technically feasible, conduits and ducts shall be installed parallel with the curb line and cross the public rights-of-way perpendicular to the public rights-of-way centerline.

(4)

Whenever technically feasible, conduits and ducts shall be installed by trenchless excavation or directional boring.

(e)

Construction.

(1)

Industry practices. Telecommunications systems constructed pursuant to franchises granted hereunder shall be in accordance with generally accepted telecommunications industry practices and the grantee's franchise, and any relevant Louisiana Public Service Commission regulations.

(2)

As built drawings. Grantee shall furnish grantor "as built" drawings not later than one hundred twenty (120) days after construction has been completed. Drawings shall show ownership of conduits, ducts, poles and cables used for the telecommunications system and shall be submitted to the parish as computer generated GIS data showing the location of installed utilities in a format acceptable to Parish and also as one (1) set of blue or black line "as built" drawings. State plane coordinates shall be shown for benchmarks, curb lines, and structures. Drawings shall show horizontal dimensions from the curb line and elevations and be certified as correct by an authorized representative of grantee.

(f)

Construction codes. The grantee shall strictly adhere to all building, safety and zoning codes currently or hereafter in force. The grantee shall arrange its lines, cables, and other appurtenances so as to cause no unreasonable interference with the use of public property by any person. In the event of such interference, the grantor may require the removal of the grantee's lines, cables, and appurtenances from the property in question with costs borne by the grantee.

(g)

Erection of additional poles. Grantee is prohibited from erecting additional poles in an existing aerial utility route unless grantee procures approval for such erection from the appropriate agency or department of the Parish of Jefferson in accordance with all applicable rules, regulations and laws, including but not limited to all applicable zoning and land use regulations.

(h)

Restoration of public ways.

(1)

Whenever the grantee shall disturb the surface or ground of the public rights-of-way for any purpose mentioned herein, it shall restore the same to the condition in which it exited prior to the disturbance, and when any opening is made by the grantee in any hard surface pavement in any right-of-way, the grantee shall promptly refill the opening and restore the pavement. The grantor may refill and/or repave, in case of neglect of the grantee, upon failure of grantee to refill or repave after ten (10) days notice. The reasonable cost thereof, including the cost in inspection and supervision, shall be paid by the grantee. All excavations made by the grantee in the public rights-of-way shall be properly safeguarded for the prevention of accidents. The work hereby required shall be done in strict compliance with the rules, regulations and ordinances of the grantor as now or hereafter provided.

(2)

The surface, base, and landscape treatment of any public rights-of-way disturbed by the grantee in the construction or maintenance of its telecommunications system shall be restored in accordance with existing standards of the grantor in effect at the time of the work. Should the grantor determine, within one (1) year from the date of such restoration, that such surface, base, or landscape treatment requires additional restoration work to meet existing standards of the grantor, the grantee shall perform such additional restoration work at its expense to the reasonable satisfaction of the grantor.

(i)

Reservation of street rights. Nothing in the franchise shall be construed to prevent the grantor from constructing sewers, grading, paving, repairing and/or altering any street, alley, or public highway, or laying down, repairing or removing water mains or constructing or establishing any other public work. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of the equipment, facilities and plant of the grantee. If any such property of the grantee shall interfere with the construction or repair of any street or public improvement, including but not limited to the construction, repair or removal of a sewer or water main and the improvement of a public rights-of-way or any other public improvement, all such equipment, facilities and plant shall be removed or replaced in such manner as shall be directed by the grantor so that the same shall not interfere with said public work of the grantor, and such removal or replacement shall be at the expense of the grantee.

(j)

Trimming of trees. Tree cutting or trimming on public rights-of-way shall be performed in accordance with the applicable provisions of then-existing regulations or rules governing same.

(k)

Street vacation or abandonment. In the event any public rights-of-way or portion thereof occupied by the grantee shall be vacated by the grantor, or the use thereof is discontinued by the grantee during the term of the franchise, the grantee shall remove its equipment, facilities and plant therefrom unless specifically permitted to continue the maintenance same, and on the removal thereof shall restore, repair or reconstruct the public rights-of-way where such removal has occurred, and place said public rights-of-way in such condition as may be required by the grantor. In the event of the failure, neglect or refusal of the grantee, after thirty (30) days notice by the grantor to repair, improve or maintain such public rights-of-way portion, the grantor may do such work or cause it to be done, and the reasonable cost thereof as determined by the grantor shall be paid by the grantee and collection may be made by court action or otherwise.

(l)

Movement of facilities. In the event it is necessary temporarily to move or remove any of the grantee's equipment, facilities and plant placed pursuant to a franchise, in order lawfully to move a larger object, vehicle, building or other structure over the public rights-of-way of the grantor, grantee upon reasonable notice shall move, at the expense of the person requesting the temporarily removal, such as its equipment, facilities and plant as may be required to facilitate such movements. Notwithstanding the foregoing, the grantor shall not be required to pay such costs for temporary or permanent relocation of grantee's equipment if such relocation is necessary for a parish purpose.

(m)

Safety.

(1)

Standard of care. The grantee shall, at all times, employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public or to employees of the grantee.

(2)

National Electrical Safety Code. The grantee shall use, install, maintain, repair and/or operate it equipment, facilities and plant in accordance with the then-applicable requirements of the National Electrical Safety Code and the requirements of any utility providing pole or conduit space and in such manner that grantee will not interfere with any installations of the grantor or any public utility.

(3)

Maintenance. All of grantee's equipment, facilities, and plant and connections in, over, under, and upon the public rights-of-way, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition, and in good order and repair.

(4)

Louisiana One Call. No franchise shall be granted hereunder for a telecommunications system using underground equipment, facilities and plant within the public rights-of-way unless and until the grantee becomes a member of, participates in, and shares the cost of the Louisiana One Call System, as required in R.S. 40:1749.11 et seq. Written evidence of compliance with this section shall be provided to grantor before a franchise is granted. Compliance with this section must be maintained throughout the term of the franchise.

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