§ 50-142. 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:

Alternative telecommunications utility means the same as in Wis. Stats. § 196.01.

Applicant means any person requesting permission to excavate, obstruct and/or occupy a right-of-way under the jurisdiction of the village.

Emergency means a condition that either poses a clear and immediate danger to life or health, or of a significant loss of property, or requires immediate repair or replacement in order to restore service to a customer.

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

Facilities means all equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, and shall include but is not limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, lines and other structures and appurtenances.

In, when used in reference to a right-of-way, means over, above, in, within, on, or under a right-of-way.

Local representative means a local person, or designee of such person, authorized by a permittee to accept service and to make decisions for that permittee regarding all matters within the scope of this article.

Obstruct means to place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.

Occupy means to dwell or reside above, on, in or below the boundaries of the public right-of-way.

Performance bond means a bond, a letter of credit, or a cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation repair work is completed in both a timely and quality manner, per village specifications.

Permittee means any person to whom a permit to excavate or occupy a right-of-way has been granted by the village under this article.

PSC means the public service commission of the state.

Public utility means the same as in Wis. Stats. § 196.01(5).

Repair means to perform construction work necessary to make the right-of-way usable for vehicular and pedestrian travel, stormwater conveyance, according to village specifications, or to return facilities to an operable condition.

Restore or restoration means the process by which an excavated right-of-way and entire surrounding area, including all pavement, foundation, sidewalk, curb, gutter, ditches and plantings or other affected property, is reconstructed to village specifications.

Right-of-way means the surface and space above and below a public roadway, highway, street, bicycle lane and public sidewalk in which the village has an interest, including the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel and including other dedicated rights-of-way for travel purposes, as well as, if any, adjacent drainage ditches, culverts, manholes, sewers and related structures.

Service or utility service means and includes municipal sanitary and storm sewers and water services and also includes, except as provided in this article, but is not limited to:

(1)

Those services provided by a public utility as defined in Wis. Stats. § 196.01(5);

(2)

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

(3)

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

(4)

Cable services, as defined by section 332(d) of the Federal Communications Act of 1996 (47 USC 332(d)(1)) are excluded, unless these services have a presence in the right-of-way.

Supplementary application means 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.

Telecommunications carrier or telecommunications provider means the same as in Wis. Stats. § 196.01.

Telecommunications right-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 transporting telecommunication or other voice or data information. This includes telecommunications providers, utilities, alternative telecommunications utilities, and carriers. For purposes of this article, a cable television system defined and regulated under Wis. Stats. § 66.0419(2)(d), and telecommunication activities related to providing natural gas or electric energy services, and which are not offered for resale as telecommunications services, are not telecommunications right-of-way users.

Telecommunications service means the offering for sale or the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum, including the sale of service for collection, storage, forwarding, switching and delivery incidental to such communication and including the regulated sale of customer premises equipment. The term "telecommunications services" does not include cable television service, wireless service or broadcast service.

Telecommunications utility means the same as in Wis. Stats. § 196.01.

Test hole means an excavation that is intended to establish the physical location of underground facilities that is usually less than two feet square and is not intended for human entry.

Unusable facilities means facilities in the right-of-way which have remained unused for one year and for which the permittee is unable to provide proof that it has either a plan to begin using them within the next 24 months or a potential purchaser or user of the facilities.

Village inspector means any person authorized by the village to carry out inspections related to the provisions of this article.

(Ord. No. 05-01, § 2(13-1.02), 1-17-2005)