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highways. Facility does not mean electric transmission lines, as distinguished <br /> from electric distribution lines. <br /> C. The words "Public Right-of-Way" has the meaning given it in M.S. § 237.162 <br /> (3), as amended from time to time. <br /> D. The words"Right-of-Way User"means: <br /> 1. A telecommunications right-of-way user as defined by M.S. § 237.162 <br /> (4), as amended from time to time;or <br /> 2. A person owning or controlling a facility, in the right-of-way,that is used <br /> or intended to be used for providing utility service, and who has a right <br /> under law, franchise or ordinance to use the public right-of-way. <br /> E. The words"Utility Service"means and includes: <br /> 1. Service provided by a public utility, as defined in M.S. § 216B.02 (4) <br /> and(6), as amended from time to time; <br /> 2. Services of a telecommunications right-of-way user, including the <br /> transporting of voice or data information; <br /> 3. Services provided by a cable communications system, as defined in M.S. <br /> § 238.02(3),as amended from time to time; <br /> 4. Natural gas or electric energy or telecommunications services provided <br /> by a local government unit; <br /> 5. Services provided by a cooperative electric association organized under <br /> M.S. Ch. 308A,as amended from time to time; and <br /> 6. Water, sewer, steam, cooling or heating services. <br /> Subd. 3 Undergrounding. Unless otherwise agreed in a franchise between the applicable right- <br /> of-way user and the City, facilities in the right-of-way must be located or relocated and <br /> maintained underground. <br /> Subd. 4 Undergrounding of New Facilities. A new facility or a permanent extension of facilities <br /> must be installed and maintained underground when supplied to: <br /> A. A new installation of buildings, signs, streetlights or other structures; <br /> B. A new subdivision of land; or <br /> C. A new development or industrial park containing new commercial or industrial <br /> buildings. <br /> Subd. 5 Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A <br /> permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be <br /> located, and maintained underground, with due regard for seasonal working conditions. For <br /> purposes of this section, reconstruction means any substantial repair of or any improvement to <br />