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<br />, <br /> <br />"Person" means an individual or entity subject to the laws and rules ofthis state, however organized, <br />whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether <br />natural, corporate, or political. <br /> <br />"Registrant" means any person (1) has or seeks to have its equipment or facilities located in any <br />right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place <br />its facilities or equipment in the right-of-way. <br /> <br />"Restore or Restoration" means the process by which an excavated right-of-way and surrounding <br />area, including pavement and foundation, is returned to the same condition and life expectancy that <br />existed before excavating. <br /> <br />"Restoration Costs" means the amount of money paid to the city by a permittee to achieve the level <br />of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission Rules. <br /> <br />"Public Right-of-Way" means the area on, below, or above a public roadway, highway, street, cart- <br />way, bicycle lane and public side walk in which the city has an interest, including other dedicated <br />rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include <br />the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or <br />broadcast service. <br /> <br />"Right -of-Way" means either the excavation permit or the obstruction permit, or both, depending on <br />the context, required by this chapter. <br /> <br />"Right-of-Way User" means (1) a telecommunications right-of-way user as defined by Minn. <br />Statutes, Sec. 237.162, Subd. 4; or (2) a person owning or controlling a facility in the right-of-way <br />.that is used or intended to be used for providing utility service, and who has a right under law, <br />franchise, or ordinance to use the public right-of-way. <br /> <br />"Service of Utility Service" included (1) those services provided by a public utility as defined in <br />Minn. Stat. 216B.02, Subd. 4 and 6; (2) services of a telecommunications right-of-way user, <br />including transporting of voice or date information; (3) services of a cable communications systems <br />as defined in Minn. Stat. Chapter 238; (4) natural gas or electric energy or telecommunications <br />services provided by the city; (5) service provided by a cooperative electric association organized <br />under Minn. Stat., Chapter 308A; and (6) water, sewer, steam, cooling or heating services. <br /> <br />"Supplementary Application" means an application made to excavate or obstruct more ofthe right- <br />of-way than allowed in, or to extend, a permit that had already been issued. <br /> <br />"Temporary Surface" means the compaction of sub-base and aggregate base and replacement, in <br />kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except <br />when the replacement is of pavement including in the city's capital improvement plan, and is <br />scheduled for completion within 2 years, in which case it is considered full restoration. <br /> <br />Page 4 of 12 <br />