§ 138-128. Compliance with rules; licenses required.

(a)

Subject to the provisions of this article, the city may adopt rules, policies and requirements to carry out the purposes and provisions of this article. Each applicant, franchisee and licensee shall comply with such rules, policies and requirements.

(b)

No person shall construct or install any equipment in the streets to provide telecommunications services without first obtaining such permits or other authorizations as may be required by the city. Such permits which may be required are described more particularly in article II of this chapter. Neither the fees paid in conjunction with obtaining such permits, nor any penalties imposed for the failure to obtain necessary permits or for any other purpose shall be construed as franchise fees nor shall they be used to set off franchise fees or additional permit fees owed by the franchisee or licensee. No permits or other authorizations for such construction or installation shall be issued prior to the granting of a franchise or a revocable license pursuant to this article or such other authorization as may be required by applicable law.

(c)

No person shall construct or install equipment in the streets without clear identification of all construction maintenance sites, vehicles, metal plates, and other obstacles with the name and phone number of the franchisee or revocable licensee.

(d)

The department of public works may schedule monthly meetings with the franchisee and revocable licensee for the purpose of reviewing the as-built plans as required in section 138-65. Franchisees and licensees who seek to perform construction activity in the right-of-way shall be required to attend the meetings.

(e)

Each day during which a franchisee or licensee is in violation of the permitting requirements shall constitute a separate violation.

(f)

No permit shall be issued by the city pursuant to chapter 138 Code of Ordinances to any entity that is not a party to a current franchise agreement or revocable license agreement with the City of Atlanta, or is not current in the payment of any franchise fees, revocable license fees, or any other fees imposed pursuant to this chapter.

(Ord. No. 2001-22, § 2, 3-14-01; Ord. No. 2001-98, § 1, 12-12-01)