For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABOVE-GROUND FACILITIES. Any facilities located above ground, which are capable of being installed without significant underground excavation, including, but not limited to, utility poles and miniature cellular phone towers.
CITY MANAGER. The City Manager or his or her designee, unless otherwise specified.
DEGRADATION. A material decrease in the useful remaining life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.
EMERGENCY. A situation when placement, repair or maintenance of facilities is needed to be undertaken immediately because of a danger to human life or health or of significant damage to property, including, but not limited to, unanticipated leaks, interruptions or reductions in existing services, or other situations defined as being emergency or dangerous conditions pursuant to federal, state or local law. The installation of facilities that only serve to expand existing service or provide new service shall not be considered an EMERGENCY.
EXCAVATE or EXCAVATION. To dig into or in any way remove or physically cut, disturb or penetrate any part of a right-of-way.
FACILITY or FACILITIES. Any tangible asset in the right-of-way, including, but not limited to, equipment and apparatus such as pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennas, poles, towers, ducts or steel plates which are required, necessary, used or useful in the provision of utility or other services.
INSTALL, INSTALLED or INSTALLATION. The placement of facilities within the rights-of-way, including the replacement of existing facilities.
LESSEE. A person who provides services within the city solely by leasing facilities and who has no control over what or where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
MATERIAL. With respect to degradation, of a nature that causes or results in an alteration or disruption to the city right-of-way.
PARTY or PERSON. Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
PERMIT. An encroachment permit issued pursuant to this subchapter.
PERMITTEE. A party holding an encroachment permit.
PLANNED PUBLIC PROJECT. Any beautification, installation, excavation, re-paving or restoration activity in the rights-of-way that is undertaken by the city as part of a budgeted public improvements plan approved by the City Commission and which is funded in whole or in part with public tax dollars in any given fiscal year.
PUBLIC UTILITY or UTILITY. A party that is defined in KRS Ch. 278 as a utility, and is:
(1) Subject to the jurisdiction of the Kentucky Public Service Commission, the FCC or the Federal Energy Regulatory Commission; or
(2) Required to obtain a franchise from the city to use and occupy the right-of-way pursuant to §§ 163 and 164 of the Kentucky Constitution.
REGISTRANT. Any party filing or required to file a registration statement pursuant to this subchapter.
RESELLER SERVICE PROVIDER. A person who provides services within the city solely by reselling services and who has no control over what, where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
RIGHT-OF-WAY. The surface of and the space above and below a public roadway, highway, street, freeway, lane, path, sidewalk, alley, court, boulevard, avenue, parkway, cartway, bicycle lane or path, public sidewalk or easement held by the city for the purpose of public travel and shall include RIGHTS- OF-WAY as shall be now held or hereafter held by the city. A RIGHT-OF-WAY does not include the airwaves above a RIGHT-OF-WAY with regard to cellular or other non-wire telecommunications or broadcast service.
SPECIAL PURPOSE GOVERNMENTAL ENTITY. Any agency, authority or political subdivision of the state which exercises less than statewide jurisdiction and which is organized for the purpose of performing governmental or other prescribed functions within limited boundaries. It includes all political subdivisions of the state except a city, a county or a school district.
TARIFF. The internal regulations or guidelines of the utility industry as promulgated or adopted by the Kentucky Public Service Commission or the Federal Communications Commission.
(1984 Code, § 96.31) (Ord. O-04-20, passed 1-28-2020)