Chapter 9 Section 2

DEFINITIONS.  The following definitions apply in this ordinance.  References hereafter to “sections” are unless otherwise specified references to sections in this ordinance.  Defined terms remain defined terms whether or not capitalized.

“Alternative Telecommunications Utility Other” has the meaning in Section 196.01 of the Wisconsin Statutes and means any of the following: (a) Cable television telecommunications service providers; (b) Pay telephone service providers; (c) Telecommunications resellers or resellers; (d) Any other telecommunications provider if the commission finds that the service offered by the telecommunications provider is available from other telecommunications providers within this state directly or indirectly to the public.

“Applicant” means any person requesting permission to excavate, obstruct and/or occupy a right-of-way.

“Village” means the Village of River Hills, Wisconsin, a Wisconsin municipal corporation.

“Degradation” means the accelerated depreciation of the right-of-way, caused by an excavation 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,

“Department” means the Department of Public Works of the Village.

“Department Inspector” means any person authorized by the Department to carry out inspections related to the provisions of this Chapter.

“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.

“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 conjunction with “right-of-way,” means over, above, in, within, on or under a right-of-way.

“Local Representative” means a local person or persons, or designee of such person or persons, authorized by a Permittee to accept service and to make decision for that Permittee regarding all matters within the scope of this Chapter.

“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 rights-of-way.

“Permittee” means any person to whom a permit to excavate or occupy a right-of-way has been granted by the Village including any person required by the regulations of this Chapter to obtain a permit from the Village to excavate or occupy a right-of-way.

“Person” means, municipality, corporation, company, association, firm, partnership, limited liability company, limited liability partnership and individuals and their lessors, transferees and receivers.

“PSC” means the Public Service Commission of the State of Wisconsin.

“Public Utility” has the meaning provided in Wis. Stats. 196.01(5) and means, except as provided in par. (b) in this definition, every corporation, company, individual, association, their lessees, trustees or receivers appointed by any court, and every sanitary district, town, village or city that may own, operate, manage or control any toll bridge or all or any part of a plant or equipment, within the state, for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public.

(a)”Public utility” includes all of the following: (1) Any person engaged in the transmission or delivery of natural gas for compensation within this state by means of pipes or mains and any person, except a governmental unit, who furnishes services by means of a sewerage system either directly or indirectly to or for the public; (2) A telecommunications utility; (3) Any company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility unless the company furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas; (4) A commercial mobile radio service provider;(5) A joint local water authority under s. 66.0823.

(b) “Public utility” does not include any of the following: (i) A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power or water to its members only; (ii) A holding company, as defined in s. 196.795 (1) (h), unless the holding company furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.

“Registrant” means any person who has registered with the Village (1) to have its facilities located in any right-of-way, or (2) to use or seek to occupy or use the right-of-way or any facilities in the right-of-way.

“Repair” means to perform construction work necessary to make the right-of-way useable for travel, according to Department specifications, or to return facilities to an operable condition.

“Repair Bond” means a performance bond, a letter of credit, or 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 pursuant to Department specifications.

“Restore or Restoration” means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is reconstructed according to Department specifications.

“Restoration Bond” means a performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation restoration work is completed in both a timely and quality manner pursuant to Department 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.

“Service” or “Utility Service” includes municipal sewer and water services and also includes, except as provided herein, 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 service as defined and regulated under 47 U.S.C. 521 through 573.  Wireless telecommunications service and cellular mobile radio telecommunications (CMRS) services as defined by Section 332(d) of the Federal Communications Act of 1996 (47 U.S.C. 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” has the meaning in Section 196.01 of the Wisconsin Statutes and means any person that owns, operates, manages or controls any plant or equipment used to furnish telecommunications services within the state directly or indirectly to the public but does not provide basic local exchange service, except on a resale basis. “Telecommunications carrier” does not include an alternative telecommunications utility or a commercial mobile radio service provider.

“Telecommunications Provider” has the meaning in Section 196.01 of the Wisconsin Statutes and means any person who provides telecommunications services.

“Telecommunications 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 transporting telecommunication or other voice or data information. This includes Telecommunications Providers, Utilities, Alternative Telecommunication Utilities, and Carriers.  For purposes of this Chapter, 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.  Telecommunications Service does not include cable television service, wireless service or broadcast service.

“Telecommunications Utility” has the meaning in Section 196.01 of the Wisconsin Statutes and means any person, corporation, company, cooperative, partnership, association and lessees, trustees or receivers appointed by any court that owns, operates, manages or controls any plant or equipment used to furnish telecommunications services within the state directly or indirectly to the public. “Telecommunications utility” does not include a telecommunications carrier.

“Unusable Facilities” means facilities in the right-of-way that 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 twenty-four (24) months or a potential purchaser or user of the facilities.

Phone: (414) 352-8213
River Hills, WI 53217
7650 N. Pheasant Lane