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including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. RIGHT OF WAY: The surface and space above and below a public roadway, highway, street, cartway, bicycle and public sidewalk in which the City has an interest, including other dedicated rights of way for travel purposes, utility easements and any other real property owned by or under the control of the City. RIGHT-OF-WAY PERMIT: Either the excavation permit or the obstruction permit, or both, depending on the context, required by this Chapter. SERVICE OR UTILITY SERVICE: Includes, but is not limited to: a) those services provided by a public utility as defined in Minnesota Statutes section 216B.02, subdivisions 4 and 6; b) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; c) the services provided by a corporation organized for the purposes set forth in Minnesota Statutes section 300.03; d) the services provided by a district heating or cooling system; and e) cable communications systems as defined in Minnesota Statutes chapter 238; and t) a telecommunications right-of-way user as defined below~ and g) water and sewer, including service laterals, steam, cooling or heating serVIces. SERVICE LATERAL: means an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. a service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. SUPPLEMENTARY APPLICATION: An application made to excavate or obstruct more of the right of way than allowed in, or to extend, a permit that had already been issued. TELECOMMUNICATION RIGHTS-OF- WAY USER: A person owning or controlling a facility in the right of way, or seeking to own or control a facility in the public right of way that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minnesota Statutes chapter 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users for purposes of this Chapter. UNUSABLE FACILITIES: Facilities in the right of way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the equipment. (Ord. 1209, 8-24-1998) 707.10: ISSUANCE OF PERMIT; CONDITIONS: A. Permit Issuance: If the applicant has satisfied the requirements of this Chapter, the Director shall issue a permit. B. Conditions: The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare or when necessary to protect the right of way and its current use. (Ord. 1209, 8-24- 1998) C. By accepting a permit, telecommunications right-of-way user agrees on behalf of itself and its affiliates, successors and assigns that it will not provide video programming (including, but not limited to, programming delivered using internet protocol) over its facilities located within the rights-of-way to subscribers within the City without first obtaining a cable