2005 Minnesota Statutes

     237.162 Public right-of-way; definitions. 

    Subdivision 1.    Generally.  The terms used in sections 
 237.162 and 237.163 have the meanings given to them in this 
 section. 

    Subd. 2.    Local government unit.  "Local government 
 unit" means a county, home rule charter or statutory city, or 
 town. 

    Subd. 3.    Public right-of-way.  "Public right-of-way" 
 means the area on, below, or above a public roadway, highway, 
 street, cartway, bicycle lane, and public sidewalk in which the 
 local government unit has an interest, including other dedicated 
 rights-of-way for travel purposes and utility easements of local 
 government units. 

    A public right-of-way does not include the airwaves above a 
 public right-of-way with regard to cellular or other nonwire 
 telecommunications or broadcast service. 

    Subd. 4.    Telecommunications right-of-way user.  
 "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 
 telecommunications or other voice or data information.  A cable 
 communication system defined and regulated under chapter 238, 
 and telecommunications activities related to providing natural 
 gas or electric energy services whether provided by a public 
 utility as defined in section 216B.02, a municipality, a 
 municipal gas or power agency organized under chapter 453 or 
 453A, or a cooperative electric association organized under 
 chapter 308A, are not telecommunications right-of-way users for 
 the purposes of this section and section 237.163. 

    Subd. 5.    Excavate.  "Excavate" means to dig into or 
 in any way remove, physically disturb, or penetrate a part of a 
 public right-of-way. 

    Subd. 6.    Obstruct.  "Obstruct" means to place a 
 tangible object in a public right-of-way so as to hinder free 
 and open passage over that or any part of the right-of-way. 

    Subd. 7.    Right-of-way permit.  "Right-of-way permit" 
 means a permit to perform work in a public right-of-way, whether 
 to excavate or obstruct the right-of-way. 

    Subd. 8.    Manage the public right-of-way.  "Manage the 
 public right-of-way" means the authority of a local government 
 unit to do any or all of the following: 

    (1) require registration; 

    (2) require construction performance bonds and insurance 
 coverage; 

    (3) establish installation and construction standards; 

    (4) establish and define location and relocation 
 requirements for equipment and facilities; 

    (5) establish coordination and timing requirements; 

    (6) require telecommunications right-of-way users to 
 submit, for right-of-way projects commenced after May 10, 1997, 
 whether initiated by a local government unit or any 
 telecommunications right-of-way user, project data reasonably 
 necessary to allow the local government unit to develop a 
 right-of-way mapping system, such as a geographical information 
 mapping system; 

    (7) require telecommunication right-of-way users to submit, 
 upon request of a local government unit, existing data on the 
 location of the user's facilities occupying the public 
 right-of-way within the local government unit.  The data may be 
 submitted in the form maintained by the user and in a reasonable 
 time after receipt of the request based on the amount of data 
 requested; 

    (8) establish right-of-way permitting requirements for 
 street excavation and obstruction; 

    (9) establish removal requirements for abandoned equipment 
 or facilities, if required in conjunction with other 
 right-of-way repair, excavation, or construction; and 

    (10) impose reasonable penalties for unreasonable delays in 
 construction. 

    Subd. 9.    Management costs or rights-of-way management 
 costs.  "Management costs" or "rights-of-way management costs" 
 means the actual costs a local government unit incurs in 
 managing its public rights-of-way, and includes such costs, if 
 incurred, as those associated with registering applicants; 
 issuing, processing, and verifying right-of-way permit 
 applications; inspecting job sites and restoration projects; 
 maintaining, supporting, protecting, or moving user equipment 
 during public right-of-way work; determining the adequacy of 
 right-of-way restoration; restoring work inadequately performed 
 after providing notice and the opportunity to correct the work; 
 and revoking right-of-way permits.  Management costs do not 
 include payment by a telecommunications right-of-way user for 
 the use of the public right-of-way, the fees and cost of 
 litigation relating to the interpretation of this section or 
 section 237.163 or any ordinance enacted under those sections, 
 or the local unit of government's fees and costs related to 
 appeals taken pursuant to section 237.163, subdivision 5. 

    HIST: 1997 c 123 s 3