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<br />504968v1 SJS NE136-8 <br /> <br />(31) (32) Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted <br />by the City under this Chapter. <br /> <br />(32) (33) Person. An individual or entity subject to the laws and rules of this State, however organized, <br />whether public or private, domestic or foreign, for profit or nonprofit, or natural, corporate, or political. <br /> <br />(33) (34) Probation. The status of a person that has not complied with the conditions of this Chapter. <br /> <br />(34) (35) Probationary Period. One year from the date that a person has been notified in writing that they <br />have been put on probation. <br /> <br />(35) (36) Registrant. Any person who: <br />A. Has or seeks to have its equipment or facilities located in any right-of-way, or <br />B. In any way occupies or uses or seeks to occupy or use the right-of-way or place its facilities or <br />equipment in the right-of-way. <br /> <br />(36) (37) Restore or Restoration. The process by which an excavated right-of-way and surrounding area, <br />including pavement and foundation, is returned to the same condition and life expectancy that existed <br />before excavation. <br /> <br />(37) (38) Restoration Cost. The amount of money paid to the City by a permittee to achieve the level of <br />restoration according to the City’s Street Restoration Procedures for Utility Holes and Trenches, plate 1. <br /> <br />(38) (39) Public Right-of-Way or Right-of-Way. The area on, below, or above a public roadway, <br />highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including <br />other dedicated rights-of-way for travel purposes and utility easements of the City. A right-of-way does <br />not include the airwaves above a right-of-way with regard to cellular or other non-wire <br />telecommunications or broadcast service. <br /> <br />(39) (40) Right-of-Way Permit. Either the excavation permit or the obstruction permit, or both, depending <br />on the context, required by this Chapter. <br /> <br />(40) (41) Right-of-Way User. <br />A. A telecommunications right-of-way user as defined by Minnesota Statutes, Section 237.162, <br />Subdivision 4; or <br />B. A person owning or controlling a facility in the right-of-way that is used or intended to be used <br />for providing utility service and who has a right under law, franchise, or ordinance to use the <br />public right-of-way. <br /> <br />(42) 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 /> <br />(41) (43) Service or Utility Service. Includes: <br />A .Those services provided by a public utility as defined in Minnesota Statutes, Section 216B.02, <br />Subdivisions 4 and 6; <br />B. Services of a telecommunications right-of-way user, including transporting of voice or data <br />information; <br />C. Services of a cable communications system as defined in Minnesota Statutes, Chapter 238; <br />D. Natural gas or electric energy or telecommunications services provided by the City;