§ 76-42. Requirements for towers, poles, wires, and appurtenances.

(a)

Grantees' transmission and distribution system towers, poles, wires and appurtenances shall be located, erected, and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements the county may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets, alleys, bridges, or other public property; removal of any equipment to avoid interference shall be done promptly upon receiving written request to do so from the county, or its designated official; and will be at grantee's expense.

(b)

Construction and maintenance of the transmission and distribution system shall be in accordance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code and the National Board of Fire Underwriters, and any applicable resolutions and regulations of Fulton County affecting electrical installations, which may be presently in effect, or changed by future resolutions.

(c)

All installations of equipment shall be of permanent nature, durable, and installed in accordance with good engineering practices, and of sufficient height to comply with all existing county regulations, resolutions, and state laws so as not to interfere in any manner with the right of the public or individual property owner, and shall not interfere with the travel and use of public places by the public and during the construction, repair, or removal thereof, shall not obstruct or impede traffic. Further, said construction shall be subject to inspection by the county.

(d)

No poles are to be erected upon the public streets, alleys, avenues, and grounds, and no excavation of any type shall be done or caused to be done upon the public streets, alleys, avenues, and grounds unless permission in writing is first obtained from the county.

(e)

If any of grantees' cables or wires are installed on existing aboveground systems which are placed underground at any future date, at no expense to the county, the grantee shall likewise place their cables or wires underground.

(f)

In the event that a change is made in the grade, width, or location of public streets, alleys, avenues, and grounds by authority of the county, which shall necessitate the removal of any poles, wires, and transmission and distribution lines to conform to the change of grade, the grantee shall make the necessary changes in their lines, at their own expense, upon due notice from the county.

(g)

In the maintenance and operation of their television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to their facilities, the grantees shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places made by grantees in the course of their operations shall be made only after having obtained prior written permission from the county to do so, and shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by red warning lights.

(h)

All work in any way necessitated by the business of grantees which may involve the opening, breaking up, or tearing up of a portion of a street, sidewalk, or other part of any county-owned or county-controlled property, shall be done and repaired in a manner approved by the county, and shall, at the option of the county, be done by the county, and the county shall be reimbursed by the grantee for the reasonable costs of the work. Nothing herein shall be construed as a requirement that the county conduct an excavation or repair on behalf of or as agents for grantees.

(i)

Grantees shall, at their expense, protect, support, temporarily disconnect, relocate on the same street, alley, or public place, or remove from the street, alley, or public place, any property of grantees when required by the county by reason of traffic conditions, public safety, street excavation, freeway and bridge construction, change of establishments of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other types of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or other structures of public improvement; provided, however, that grantees shall in all such cases have the privileges and be subject to the obligations to abandon any property of grantees in place as provided in section 76-49 hereof.

(j)

Where located within the right-of-way of public streets, highways, alleys or other thoroughfares, the grantee's towers, poles, wires, and appurtenances shall be placed at such location within the right-of-way as is designated from time to time by the county planning and community development department.

(k)

No work within the right-of-way shall be commenced until a permit to perform the work shall have been applied for and granted by the planning and community development department of the county. Requests for permits to work upon the road rights-of-way must be filed with said department not less than 24 hours prior to the time that the work is scheduled to commence. Applications for permits to perform work within a street right-of-way must be filed in the name of the grantee, who shall at all times be responsible for the proper performance of the work that is scheduled. The application shall be upon such form as is customarily used or accepted by the county with respect to public utilities seeking permission to work within a street right-of-way. The application shall be accompanied by maps, prints, or drawings showing the nature of the work to be done, the location of the work, the anticipated beginning and ending dates of the work, the location of all public utilities and improvements within the right-of-way involved, and how the same will be affected by the grantee's proposed work, a general description of the proposed work, and such other information as the planning and community development department reasonably deems necessary before the granting of the requested permit.

(l)

When performing any work within or adjacent to any public right-of-way, a grantee shall take all reasonable precautions to protect the public, and erect such warning devices as shall be reasonably calculated to apprise the public of the presence of the work and the activities being undertaken.

(m)

The granting of any permit to a grantee to perform work within or adjacent to public right-of-way shall not in any instance constitute an acceptance by the county of any responsibility for the activities of a grantee.

(Code 1983, § 33-4-12)