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amended by the Cable Television Consumer Protection and Competi-
<br />tion Act of 1992 and the Telecommunications Act of 1996, as each
<br />might be further amended.
<br />(5) Capital Improvement means an addition made to enhance the value or
<br />extend the useful life of an existing System or Facilities, including
<br />Construction, Reconstruction, installation, rehabilitation, renovation,
<br />improvement, enlargement and extension of Facilities, but not includ-
<br />ing ordinary or Routine Maintenance.
<br />(6) Construct, Constructing, Construction, etc, means installing, repairing,
<br />replacing or removing any Facility, regardless of the methods em-
<br />ployed, including Excavation (including hydro- excavating).
<br />(7) Construction Permit or Permit means a permit issued pursuant to Sec-
<br />tion 904.07 of this chapter.
<br />(8) Emereency means an unforeseen occurrence or condition calling for
<br />immediate action due to health, safety, or the protection of property.
<br />(9) Excavate, Excavatine or Excavation means cutting, sawing, breaking,
<br />drilling into, boring under, or otherwise altering any Public Street or
<br />sidewalk pavement, or digging, drilling into or boring under any un-
<br />paved portion of the Public Right -of -Way, including any other work or
<br />activity which disturbs the existing surface or subsurface structure,
<br />composition, or soil compaction.
<br />(10) Excess Capacity means the volume or capacity in any existing or future
<br />duct, conduit, manhole, or other Facility in the Public Right -of -Way
<br />that is or will be available for use for additional Facilities.
<br />(11) Facilities or Facility means the plant, equipment and property, includ-
<br />ing but not limited to, cables, fibers, wires, pipes, conduits, ducts, ped-
<br />estals, antennae, electronics, poles, pipes, mains, plant, equipment and
<br />other appurtenances located under, on or above the surface of the
<br />ground in the Public Right -of -Way of the City and used or to be used to
<br />operate a System to transmit, receive, distribute, provide or offer a Ser-
<br />vice, but also including Private Systems.
<br />(12)Lane Obstruction means the blocking or diverting of vehicular or pe-
<br />destrian traffic from a street or sidewalk for the purpose of Construct-
<br />ing, Excavating, installing, repairing, maintaining, operating, replacing
<br />or removing any Facility, including (i) the lifting or removing of man-
<br />hole or manhole covers, and (ii) the opening or accessing of at -grade or
<br />pole- mounted cabinets, pedestals, transformers, power supplies, ampli-
<br />fiers, splice enclosures, traps or other Facilities.
<br />(13)New Service Orders means the connection from the Public Service
<br />Provider's existing Facilities on private property for the purpose of
<br />providing a new Service to a customer in the City.
<br />(14) Occupancy, OccUv or Use means, with respect to the Public Right -of-
<br />Way, to place a tangible thing in the Public Right -of -Way for any pur-
<br />pose, including, but not limited to, Constructing, repairing, positioning,
<br />maintaining or operating lines, poles, pipes, conduits, ducts, equipment
<br />or other structures, appurtenances or Facilities necessary to operate a
<br />(02299394 - 1 )
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