§ 24-49. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City cost means the actual cost incurred by the city for public rights-of-way management; including, but not limited to, costs associated with registering applicants; issuing, processing and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting or moving facilities during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed; mapping of as-built locations of facilities located in rights-of-way; and revoking right-of-way permits or small wireless facility permits and performing all other tasks required by this article, including other costs the city may incur in managing the provisions of this article.

Collocate or collocation means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit.

Degradation means the accelerated depreciation of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.

Degradation cost means money paid to the city to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation.

Emergency means a condition that:

(1)

Poses a clear and immediate danger to life or health, or of a significant loss of property; or

(2)

Requires immediate repair or replacement in order to restore service to a customer.

Equipment or facilities means any tangible thing in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb.

Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.

Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.

Permit means a permit issued pursuant to this article.

Permit holder means any person to whom a permit to excavate or place equipment or facilities in a right-of-way has been granted by the city under this article.

Registrant means any person who has, or seeks to have, its facilities or equipment located in any right-of-way.

Restore or restoration means the process by which the right-of-way and surrounding area, including pavement and foundation, is returned to the condition that existed before the commencement of the work.

Restoration cost means money paid to the city by a permittee to cover the cost of restoration.

Right-of way means the surface and space above and below a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements owned by the city for city utility purposes.

Service or utility service includes, but is not limited to:

(1)

Those services provided by a public utility, as defined in Minn. Stats. § 216B.02, subds. 4 and 6;

(2)

Telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy or power services;

(3)

The services provided by a corporation organized for the purposes set forth in Minn. Stats. § 301B.01;

(4)

The services provided by a district heating or cooling system; and

(5)

Cable communications systems, as defined in Minn. Stats. § 238.02 et seq.

Small wireless facility means:

(1)

A wireless facility that meets both of the following qualifications:

a.

Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and

b.

All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or

(2)

A micro wireless facility.

Telecommunication rights-of-way user.

(1)

The term "telecommunication rights-of-way user" means a person owning or controlling a facility in the public 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 providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this article, the term "cable communication system" is defined and regulated under Minn. Stats. § 238.02 et seq.

(2)

The term "telecommunication rights-of-way user" does not mean a cable communication system defined and regulated under Minn. Stats. ch. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stats. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stats. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stats. ch. 308A. These entities are not telecommunications right-of-way users for purposes of this chapter except to the extent these entities are providing wireless services.

Utility pole means a pole that is used in whole or in part to facilitate telecommunications or electric service.

Wireless facility means equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna.

Wireless service means 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 a cable service under United States Code, title 47, section 522 clause (6).

Wireless support structure means a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.

Wireless telecommunication facility means equipment used to provide wireless telecommunication or data services, including all antennas, radios, support devices, equipment including ground equipment, associated cables, and attachments. It includes a small wireless facility unless a small wireless facility is specially exempted or excluded from the coverage of a particular provision of this Code.

Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network.

(Code 1992, § 421.02; Ord. No. 1997-7, 8-18-1997; Ord. No. 2016-10 , § 1, 6-21-2016; Ord. No. 2017-12 , §§ 2, 3, 11-8-2017)