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<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 ofthe 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 />Miun. Stat. 216B.02, Subd. 4 and 6; (2) services of a telecommunications right-of-way user, <br />tJ including transporting of voice or da~nformation; (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, stearn, cooling or heating services. <br /> <br />"Supplementary Application" means an application made to excavate or obstruct more of the 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 />"Trench" means an excavation in the pavement, with the excavation having a length equal to or <br />greater that the width of the pavement. <br /> <br />"Telecommunication Right-of-Way User" means a person owning or controlling a facility in the <br />right-of-way, or seeking to own or control a facility in the right-of-way, that is used.or is intended to <br />o be used for transporting telecommunication or other voice or datll1nformation. For purposes of this <br />chapter, cable communication system defined and regulated under Minn. Stat. Chapter 238, and <br />telecommunication activities related to providing natural gas or electric energy services whether <br />provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, an municipal gas <br />or power agency organized under Minn. Stat. Chapters 453 and 453A, or a cooperative electric <br />association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users <br />for purposes of this chapter. <br /> <br />Sec. 1.03. <br /> <br />Permit Requirement. <br /> <br />Page 4 of 12 <br />