The following definitions apply in this subchapter.
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 or obstruct a right-of-way.
COLLOCATE. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the city.
CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at permittee’s option:
(1) Individual project bond;
(2) Cash deposit;
(3) Security of a form listed or approved under Minn. Stat. § 15.73, Subd. 3, as it may be amended from time to time;
(4) Letter of credit, in a form acceptable to the city;
(5) Self-insurance, in a form acceptable to the city; and
(6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city.
DEGRADATION. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would be required if the excavation or disturbance did not occur.
DEGRADATION COST. Subject to Minn. Rule 7819.1100, the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in Plates 1 to 13, set forth in Minn. Rules 7819.9900 to 7819.950.
DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching or restoration as established by permit.
DEPARTMENT. The Public Works Department of the city.
DIRECTOR. The Director of the Public Works Department of the city, or her or his designee.
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 subchapter, 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 § 95.25.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service.
HOLE. An excavation in the pavement, with the excavation having a length less than the width of the pavement.
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 subchapter.
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; engineering, surveying, issuing, processing and verifying right-of-way or small wireless facility permit applications; preparatory construction work, 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, or the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minn. Stat. §§ 237.162 or 237.163, as they may be amended from time to time; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 95.41 of this subchapter.
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 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 subchapter, 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 § 95.25.
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 Minn. Stat. § 237.162, as it may be amended from time to time.
PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this subchapter.
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 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 non-wire 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 state rules.
RIGHT-OF-WAY PERMIT. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this subchapter.
RIGHT-OF-WAY USER.
(1) A telecommunications right-of-way user as defined by Minn. Stat. § 237.162, Subd. 4, as it may be amended from time to time; or
(2) A person owning or controlling a service provided by a public utility as defined in Minn. Stat. § 216B.02, Subd. 4 and 6, as they may be amended from time to time; and who has a right under law, franchise or ordinance to use the public right-of-way.
SERVICE or UTILITY SERVICE. Means and includes:
(1) Service provided by a public utility as defined in Minn. Stat. § 216B, Subd. 4 and 6, as they may be amended from time to time;
(2) Services of a telecommunications right-of-way user, including the transporting of voice or data information;
(3) Services provided by a cable communications system as defined in Minn. Stat. § 238.02, Subd. 3, as it may be amended from time to time;
(4) Natural gas or electric energy or telecommunications services provided by the city;
(5) Services provided by a cooperative electric association organized under Minn. Stat. Chapter 308A, as it may be amended from time to time; and
(6) Water, sewer, 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. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet;
(2) 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 or behind an existing structure or concealment; or
(3) 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 issues.
TELECOMMUNICATION RIGHT-OF-WAY USER OR A 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 subchapter, a cable communication system defined and regulated under Minn. Stat. Chapter 238, as it may be amended from time to time, and telecommunication activities related to providing natural gas or electric energy services. A public utility as defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chapters 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under Minn. Stat. Chapter 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS for purposes of this section, except to the extent these entities are offering wireless services.
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.
TRENCH. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement.
UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service.
WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between use equipment and a wireless service network, including:
(1) Equipment associated with wireless service;
(2) A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and
(3) A small wireless facility.
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 a cable service under United States Code, Title 47, § 522, clause (6).
WIRELESS SUPPORT STRUCTURE. A new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.
WIRELINE BACKHAUL FACILITY. A facility used to transport communications data by wire from a wireless facility to a communications network.
(Ord. 17-13, passed 11-27-2017)