Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 15 - DOTD Wireless Telecommunications Permit › Section II-1503 - General Conditions and Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any facilities placed within the highway
				right-of-way shall be placed in accordance with existing federal, state, or
				local laws and the standards of the department. Environmental clearances may
				also be necessary and are the responsibility of the permit applicant.
B. All facilities, after having been erected,
				shall at all times be subject to inspection and the department may require such
				changes, additions, repairs, relocations and removal as may at anytime be
				considered necessary to permit the relocation, reconstruction, widening and
				maintaining of the highway and to provide proper and safe protection to life
				and property on or adjacent to the highway, or in the interest of safety to
				traffic on the highway. The cost of making such changes, additions, repairs and
				relocations shall be borne by the permit applicant, and all cost of the work to
				be accomplished under this permit shall be borne by the permit
				applicant.
C. The proposed
				facilities, their operation or maintenance shall not unreasonably interfere
				with the facilities or the operation or maintenance of the facilities of other
				persons, firms or corporations previously issued permits for use and occupancy
				of the highway right-of-way, and the proposed facilities shall not be dangerous
				to persons or property using or occupying the highway or using facilities
				constructed under previously granted permits of use and occupancy.
D. It is the duty of the applicant to
				determine the existence and location of all facilities within the highway
				right-of-way by reviewing departmental records for previous permits in the
				applicable area.
E. Installations
				within the highway right-of-way shall be in accordance with applicable
				provisions contained in the following: AASHTO Guide for Accommodating Utilities
				within Highway Right-of-Way, Code of Federal Regulations 23 (CFR 23), National
				Electrical Safety Code C2, 1996 Federal Telecommunications Act. Those
				facilities not included in the above mentioned documents shall be in accordance
				with accepted practice. Where standards of the department exceed those of the
				above cited codes, the standards of the department shall apply. The department
				reserves the right to modify its policies as may be required if conditions
				warrant.
F. Data relative to the
				proposed location, relocation and design of fixtures or appurtenances as may be
				required by the department shall be furnished to the department by the
				applicant free of cost. The permit applicant shall make any and all changes or
				additions necessary to make the proposed facilities satisfactory to the
				department.
G. Cutting and trimming
				of trees, shrubs, etc., shall be in accordance with the department's EDSM
				IV.2.1.6 and vegetation manual, as revised.
H. The applicant agrees to defend, indemnify,
				and hold harmless the department and its duly appointed agents and employees
				from and against any and all claims, suits, liabilities, losses, damages, costs
				or expenses, including attorneys' fees sustained by reason of the exercise of
				their permit, whether or not the same may have been caused by the negligence of
				the department, its agents or employees, provided, however, that the provisions
				of this last clause (whether or not the same may have been caused by the
				negligence of the department, its agents or employees) shall not apply to any
				personal injury or property damage caused by the sole negligence of the
				department, its agents or employees, unless such sole negligence shall consist
				or shall have consisted entirely and only of negligence in the granting of a
				permit.
I. The permit applicant
				agrees to provide proof of liability insurance sufficient to indemnify the
				department from claims resulting from accidents associated with the use of the
				applicable permit. The applicant and its insurer shall notify the department in
				writing at least 30 days prior to cancellation of the insurance or prior to any
				other changes affecting the insurance coverage.
J. The applicant is the owner of the facility
				for which a permit is requested and is responsible for maintenance of the
				facility. Any permit granted by the department is granted only insofar as the
				department possesses the power and right to grant the same.
K. Any permit granted by the department is
				subject to revocation at any time.
L. Signing for warning and protection of
				traffic in instances where workmen, equipment or materials are in close
				proximity to the roadway surfacing, shall be in accordance with requirements
				contained in the department's manual on uniform traffic control devices. No
				vehicles, equipment and/or materials shall operate from, or be parked, stored
				or stock-piled on any highway, median, or in an area extending from the outer
				edge of the shoulder of the highway on one side to the outer edge of the
				shoulder of the highway on the opposite side.
M. All provisions and standards contained
				herein relative to the installation of utilities shall apply to future
				operation, service and maintenance of utilities.
N. Drainage in highway side and cross ditches
				must be maintained at all times. The entire highway right-of-way affected by
				work under a permit must be restored to its preexisting condition, and shall be
				approved by the department's right-of-way permits engineer.
O. Any non-metallic or non-conductive
				underground facility must be installed with a non-corrosive metallic wire or
				tape placed directly over and on the center of the facility for its entire
				length within highway right-of-way. Wire or tape must be connected to all
				facilities.
P. Prior to performing
				any excavations, the applicant is required to call Louisiana One-Call. If
				installing any underground facilities, such as cable or conduits, the applicant
				must be a member of Louisiana One-Call.
Q. A copy of the permit applicant's FCC
				license and registration number shall be submitted with the permit application.
				For towers in excess of 200 feet in height, a copy of FAA approval shall also
				be submitted to DOTD. All registration numbers shall be posted on the
				tower.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:381.2.