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37. Right -of -Way User. (1) A telecommunications right-of-way user as defined by Minn. Stat., § 237.162,
<br />subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be
<br />used for providing utility service, and who has a right under law, franchise, or ordinance to use the public
<br />right-of-way.
<br />38. Service or Utility Service. Includes (1) those services provided by a public utility as defined in Minn. Stat.
<br />21613.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of
<br />voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. ch.
<br />238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services
<br />provided by a cooperative electric association organized under Minn. Stat., ch. 308A; and (6) water, and
<br />sewer, including service laterals, steam, cooling, or heating services.
<br />39. Service Lateral. An underground facility that is used to transmit, distribute or furnish `gas, electricity,
<br />communications, or water from a common source to an end -use customer. A service lateral is also an
<br />underground facility that is used in the removal of wastewater from a customer's premises.
<br />40. Small Wireless Facility. A wireless facility that meets both of the following qualifications: each antenna is
<br />located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure;
<br />and all other wireless equipment associated with the small wireless facility provided such equipment is, in
<br />aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements,
<br />telecommunications demarcation boxes, battery backup power systems, grounding equipment, power
<br />transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other
<br />services, and any equipment concealed from public view within or behind an existing structure or
<br />concealment.
<br />41. Supplementary Application. An application made to excavate or obstruct more of the right-of-way than
<br />allowed in, or to extend, a permit that had already been issued.
<br />42. Temporary Surface. The compaction of subbase and aggregate base and replacement, in kind, of the
<br />existing pavement only to the edges of the excavation. It is temporary in nature except when the
<br />replacement is of pavement included in the city's two-year plan, in which case it is considered full
<br />restoration.
<br />43. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the
<br />width of the pavement.
<br />44. Telecommunications Right -of -Way User. A person owning or controlling a facility in the right-of-way or
<br />seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing
<br />wireless service or transporting telecommunication or other voice or data information. For purposes of this
<br />ordinance, a cable communication system defined and regulated under Minn. Stat. Ch. 238, and
<br />telecommunication activities related to providing natural gas or electric energy services, a public utility as
<br />defined in Minn. Stat. § 21613.02, a municipality, a municipal gas or power agency organized under Minn.
<br />Stat. Ch. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Ch. 308A, are not
<br />telecommunications right-of-way users for purposes of this ordinance except to the extent such entity is
<br />offering wireless service.
<br />45. Two Year Project Plan. Shows projects adopted by the city for construction within the next two years.
<br />46. Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or electric service.
<br />47. Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between
<br />user equipment and a wireless service network, including equipment associated with wireless service, a
<br />radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small
<br />wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables
<br />between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly
<br />associated with a specific antenna.
<br />Right -of -Way Ordinance No. 113
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