For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized.
ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user.
APPLICANT. Any person requesting permission to excavate, obstruct, or operate a small wireless facility in a right-of-way.
CITY. The City of Hutchinson, Minnesota. For purposes of § 90.28, CITY also means the city's elected officials, officers, employees and agents.
CITY ENGINEER. The City Engineer of the Public Works Department of the city, or his or her designee.
COLLOCATE OR COLLOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit to minimize obstructions and impacts in the right-of-way.
COMMISSION. The State Public Utilities Commission.
CONGESTED RIGHT-OF-WAY. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04 Subd. 3, over a continuous length in excess of 500 feet.
DEPARTMENT. The Department of Public Works of the city.
EMERGENCY. A condition that:
(1) Poses a danger to life or health, or of a significant loss of property; or
(2) Requires immediate repair or replacement of facilities in order to restore service to a customer.
EQUIPMENT. Any tangible asset used to install, repair, or maintain facilities in any right-of-way.
EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
EXCAVATION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An EXCAVATION PERMIT allows the holder to excavate that part of the right-of-way described in such permit.
EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 90.11.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service.
LOCAL REPRESENTATIVE. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter.
MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the telecommunications right-of-way user, or for the city, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 90.29.
MICRO WIRELESS FACILITY. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
OBSTRUCTION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein.
OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as provided in § 90.11.
PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A patch consists of:
(1) The compaction of the subbase and aggregate base; and
(2) The replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions.
PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
PERMIT. The meaning given RIGHT-OF-WAY PERMIT in M.S. § 237.162.
PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this chapter.
PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, multi-use trail or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A RIGHT-OF-WAY does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.
REGISTRANT. Any person who:
(1) Has or seeks to have its equipment or facilities located in any right-of-way; or
(2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way.
RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation.
RESTORATION COST. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission Rules.
RIGHT-OF-WAY PERMIT. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter.
RIGHT-OF-WAY USER.
(1) A telecommunications right-of-way user as defined by M.S. § 237.162, Subd. 4; or
(2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, ordinance, or as authorized by the city to use the public right-of-way.
SERVICE or UTILITY SERVICE. Includes:
(1) Those services provided by a public utility as defined in M.S. § 216B.02, Subds. 4 and 6;
(2) Services of a telecommunications right-of-way user, including transporting of voice or data information;
(3) Services of a cable communications systems as defined in M.S. Ch. 238;
(4) Natural gas or electric energy or telecommunications services provided by the city;
(5) Services provided by a cooperative electric association organized under M.S. Ch. 308A; and
(6) Water, and sewer, including service laterals, steam, cooling or heating services.
SERVICE LATERAL. An underground facility that is used to transmit, distribute or furnish gas, electricity, communications, or water from a common source to an end-use customer. A SERVICE LATERAL is also an underground facility that is used in the removal of wastewater from a customer's premises.
SMALL WIRELESS FACILITY.
(1) A wireless facility that meets both of the following qualifications:
(a) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and
(b) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.
(2) A micro wireless facility.
SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued.
TEMPORARY SURFACE. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when
the replacement is of pavement included in the city's two-year plan, in which case it is considered full restoration.
TELECOMMUNICATIONS RIGHT-OF-WAY USER. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under M.S. Ch. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in M.S. § 216B.02, a municipality, a municipal gas or power agency organized under M.S. Chs. 453 and 453A, or a cooperative electric association organized under M.S. Ch 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service.
UTILITY POLE. A structure that is:
(1) Owned or operated by:
(a) A public utility;
(b) A communications service provider;
(c) A municipality;
(d) An electric membership corporation; or
(e) A rural electric cooperative;
(2) And is designed and used to:
(a) Carry lines, cables, or wires for telephone, cable television, or electricity; or
(b) Provide lighting.
WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna.
WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. WIRELESS SERVICE does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service.
WIRELESS SUPPORT STRUCTURE. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.
(Ord. 18-0783, passed 6-26-2018; Ord. 19-796, passed 3-26-2019)