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Right-of-Way Ordinance No. 113 5 48. 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. 49. 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. Section 3. Administration. The City Engineer is the principal city official responsible for the administration of the rights-of-way, right-of-way permits, and ordinances related thereto. The City Council may delegate any or all of the duties hereunder. Section 4. Permit Required. Except as otherwise provided in this Ordinance, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate permit from the city. 1. Excavation Permit. A permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right -of-way by placing facilities described therein, to the extent and for the duration specified t herein. 2. Obstruction Permit. A permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. 3. Small Wireless Facility Permit. A permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. 4. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person makes a supplementary application for another right -of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted. 5. Delay Penalty. In accordance with Minnesota Rule 7819.1000 Subpart 3, the City shall impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The permittee shall not be assessed a delay penalty of delays in project commencement or completion due to circumstances beyond the control of the permittee. An application for permit extension is independent of delay and does not preclude the assessment of a delay penalty even if the extension is granted. 6. Permit Display. Permits issued under this Section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City Engineer. Section 5. Permit Applications. Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: 1. Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: 1. Each permittee’s name, Gopher One-Call registration certificate number, address, email address, and telephone number. 2. The name, address, e-mail address, and telephone number of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of ap plication.