Final results of the ROW Task Force.

 
NOTES show lack of consensus.  They are inserted after language not agreed to 
by both the Telecommunications Industry Representatives ("INDUSTRY") and the 
Local Government Unit Representatives ("MUNICIPALITIES") to show how either  
or both would amend the language.

 
7819.0100 DEFINITIONS. 
    Subpart 1. Scope.   The terms used in this chapter have the 
 meanings given in this part. 
 
    Subp. 2. Commission.   "Commission" means the state public 
 utilities commission. 
 
    Subp. 3. Construction performance bond.   "Construction 
 performance bond," as referenced in Minnesota Statutes, section 
 237.162, subdivision 8, clause (2), means any of the 
following 
 forms of security provided at the permittee's option: 
        A.  individual project bond; 
        B.  statewide blanket bond; 
        C.  cash deposit; 
        D.  security of a form listed or approved under 
 Minnesota Statutes, section 15.73, subdivision 3; 
        E.  letter of credit, in a form acceptable to the 
 local government unit; and 
        F.  self-insurance, in a form acceptable to the 
 local government unit. 
      NOTE:  MUNICIPALITIES find this definition acceptable 
      on the condition that self-insurance must guarantee 
      permittee's performance of the terms of right-of-way repair or 
      restoration as set out in the right-of-way permit, state law, 
      rule, or local ordinance under part 7819.3000. 
       
    Subp. 4. Degradation cost.   "Degradation cost" means 
the 
 cost to achieve a level of restoration as determined by the 
local government unit at the time the permit is issued, not to 
 exceed the maximum restoration shown in plates 1 to 13, which 
 are set forth in parts 7819.9900 to 7819.9950. 
 
    Subp. 5. Degradation fee.   "Degradation fee" means 
the 
 estimated fee established at the time of permitting by the local 
 government unit to recover costs associated with the decrease in 
 the useful life of the right-of-way caused by the excavation, 
 and which equals the degradation cost. 
 
    Subp. 6.  Five-year project plan.   "Five-year project 
plan" 
 means a project adopted by the local government unit for 
 construction within the next five years. 
 
Subp. 7.  High-density corridor.   "High-density corridor" 
 means a designated portion of the public right-of-way within 
     which telecommunications right-of-way users having multiple and 
 competing facilities may be required to build and install 
 facilities in a common conduit system or other common structure. 
NOTE:  MUNICIPALITIES would add after "right-of-way" the 
phrase "designated by a local government unit" and change 
      "may" to "shall." 
      NOTE:  INDUSTRY objects to inclusion of any definition 
      of or requirements regarding a high-density corridor. 
 
  Subp. 8.  Hole.   "Hole" means an excavation in the 
 pavement, with the excavation having a length less than the 
 width of the pavement. 
 
    Subp. 9.  Local government unit.   "Local government unit" 
 has the meaning given it in Minnesota Statutes, section 237.162. 
 
    Subp. 10.  Patch.   "Patch" means a method of pavement 
 replacement that is temporary in nature.  A patch consists of: 
  (1) the compaction of the subbase and aggregate base, and (2) 
 the replacement, in kind, of the existing pavement for a 
minimum 
 of two feet beyond the edges of the excavation in all 
 directions.  A patch is considered full restoration only when 
 the pavement is included in the local government unit's 
 five-year project plan. 
 
    Subp. 11.  Pavement.   "Pavement" means any type of 
improved 
 surface that is within the public right-of-way and that is paved 
 or otherwise constructed with asphalt, concrete, aggregate, or 
 gravel. 
 
    Subp. 12. Permit.   "Permit" has the meaning given 
 "right-of-way permit" in Minnesota Statutes, section 237.162. 
 
    Subp. 13. Permittee.   "Permittee" means a person to whom a 
 permit to excavate or obstruct a right-of-way has been granted 
 by a local government unit under this chapter.

	[INDUSTRY would add a definition to read:
	Subpart 14. Person.   "Person means any individual or
	entity subject to the laws and rules of this state, however organized, 
	whether public or private, whether domestic or foreign, whether for profit
	or nonprofit, and whether natural, corporate, or political.  Examples include:
		A.	a business or commercial enterprise organized as any type or
			combination of corporation, limited liability company,
			partnership, limited liability partnership, proprietorship,
			association, cooperative, joint venture, carrier or utility, 
			and any successor or assignee of any of them;
		B.	a social or charitable organization; and
		C.	any type or combination of political subdivision, which
			includes the executive, judicial, or legislative branch of 
			the state, a local government unit, or a combination of 
			any of them.]

  
      
 
 
    Subp. 14. Public right-of-way.   "Public right-of-way" has 
 the meaning given it in Minnesota Statutes, section 237.162. 
 
    Subp. 15.  Restoration.   "Restoration" means the process by 
 which a public right-of-way is returned to the same condition 
that existed before excavation. 
      NOTE:   It is the position of MUNICIPALITIES 
that "returned 
      to the same condition" in the definition of restoration 
      means that the right-of-way has been returned to the same 
      "life expectancy" that existed before the excavation. 
 
    Subp. 16.  Temporary surface.   "Temporary surface" 
means 
 the compaction of subbase and aggregate base and replacement, in 
 kind, of the existing pavement only to the edges of the 
 excavation.  It is temporary in nature except when the 
 replacement is of pavement included in the local government 
 unit's two-year project plan, in which case it is 
considered 
 full restoration. 
 
    Subp. 17.  Trench.   "Trench" means an excavation in the 
 pavement, with the excavation having a length equal to or 
 greater than the width of the pavement. 
 
    Subp. 18.  Two-year project plan.   "Two-year project 
plan" 
 means a project that the local government unit has scheduled for 
 construction within the next two years. 
 
 
 
 
                      ENGINEERING STANDARDS 
    7819.1000 INSTALLATION OF TELECOMMUNICATIONS FACILITIES. 
                             
                                 
    The following requirements pertain to telecommunications 
facilities installation in a public right-of-way:

	A.  During plowing or trenching of facilities, a 
warning tape must also be placed at a depth of 12 to 18 inches 
above copper cables with over 200 pairs and above fiber 
facilities. 
     B.  Directional bore facilities must be 
installed in conduit of a type determined by the 
telecommunications right-of-way user.  The local government unit 
may waive this provision if the right-of-way user agrees to 
additional marking of facilities.  This provision does not apply 
to residential service connections. 
  NOTE:   The INDUSTRY would limit the requirement for 
     conduit to only directional bore fiber facilities within city limits. 
     NOTE:   As in item E below, MUNICIPALITIES would require 
     conduit to be used within "a statutory or home rule charter 
     city, an urban town, an urban county, or an urban service 
     area". 
       C.  Buried telecommunication facilities must have a 
locating wire or conductive shield, except for di-electric 
cables. 
     D.  Unless the local government unit directs that no 
location markers be placed, a location marker must be placed at a 
maximum of every 2,500 feet, as well as at road crossings, at 
culverts, and for horizontal direction changes in excess of 30 
degrees. 
     NOTE:    INDUSTRY would delete all language after 
     "culverts."\b 
     E.  Buried fiber facilities installed within a 
statutory or home rule charter city, an urban town, an urban 
county, or an urban service area must be placed in a conduit 
unless this requirement is specifically waived by the local 
government unit.  The right-of-way user shall determine the type 
of conduit to be used.  For purposes of this part: 
       (1) an "urban town" is a town described in 
Minnesota Statutes, section 368.01, subdivision 1 or 1a; (2) an 
       "urban county" is Anoka, Carver, Dakota, 
Hennepin, Ramsey, St. Louis, Scott, or Washington county; and 
       (3) an "urban service area" is an unincorporated 
area within two miles of the corporate limits of a city, over which a 
joint planning board is authorized to exercise planning and land use 
control under Minnesota Statutes, section 462.3585. 
NOTE:   In this item, as in item B, the  INDUSTRY  would 
limit the requirement for conduit to within city limits and 
     delete subitems (1) to (3).\b 
     F.  Facilities buried in ditches outside of statutory 
or home rule charter cities, urban towns, urban counties, or 
urban service areas, conditions permitting, must be at a minimum of 36 
inches unless otherwise altered for cause by the local government unit. 
     NOTE:  MUNICIPALITIES would change "otherwise altered for 
     cause" to read "waived".\b 
     NOTE:  INDUSTRY would delete all of item F; and 
     add a sentence to read:  "Except as provided in item B, 
     buried facilities must be at a minimum established by the 
     National Electric Safety Code and at a maximum of 48 inches 
     unless otherwise altered for cause by the local government 
     unit." 
       G.  The placing of all telecommunications facilities 
must comply with the National Electric Safety Code, as 
incorporated by reference in Minnesota Statutes, section 326.243. 
 
7819.1100 RESTORATION OF RIGHT-OF-WAY.  
 
   Subpart 1. Restoration standards.  Plates 1 to 13, shown 
in parts 7819.9900 to 7819.9950, indicate maximum restoration 
 requirements.  The local government unit and right-of-way user 
 may agree to a lesser requirement. 
      NOTE:  INDUSTRY would add a sentence to this subpart to 
      read:  "In no event shall these requirements require 
     restoration to a condition greater than existed before the 
     excavation. 
 
   Subp. 2. Levels of restoration.   All levels of restoration 
 include compaction of the materials placed in the excavation of 
 the subgrade and aggregate base, plus pavement replacement, in 
 kind.  All work must be performed according to the local 
 government unit's specifications and drawings. 
 
   Subp. 3.  Degradation cost.   A right-of-way user may elect 
 to pay a degradation fee in lieu of restoration.  However, the 
   right-of-way user shall remain responsible for replacing and 
 compacting the subgrade and aggregate base material in the 
 excavation and the degradation fee shall not include the cost to 
 accomplish these responsibilities. 
 
 7819.1200 SAFETY AND LEGAL REQUIREMENTS, GENERALLY.  
 
   Subpart 1. Notice and permitting.   Except in the case of 
 an emergency, before initiating construction in a public 
 right-of-way, the right-of-way user shall notify the local 
 government unit in writing and, if required, obtain a permit. 
 The right-of-way user is responsible for all of its work done in 
 the right-of-way, whether by employees, agents, or independent 
 contractors. 
 
   Subp. 2.  Locating, marking, or exposing facility.   If a 
 telecommunications facility owner is unable to locate its 
 underground facility as required under Minnesota Statutes, 
 section 216D.04, it must dig and expose the facility. 
 
 7819.1300 COMPLETION CERTIFICATE.  
 
   Subpart 1.  Requirement.   Unless waived by the local 
 government unit, a person designated by the right-of-way user as 
    a responsible employee shall sign a completion certificate 
 showing the completion date for the work performed, identifying 
 the installer and designer of record, and certifying that work 
 was completed according to the requirements of the local 
 government unit. 
       NOTE:  INDUSTRY would change "Unless waived" to 
      "If required". 
       
  Subp. 2. "As built" drawings.   If necessary due to 
 approved changes for the work as projected when the permit was 
  applied for, the permittee shall submit "as built" drawings or 
 maps within six months of completing the work, showing any 
 deviations from the plan that are greater than plus or minus two 
 feet. 
 
   Subp. 3. Response.   The local government unit shall 
 respond within 30 days of receipt of the completion certificate. 
 Failure to approve or disapprove the permittee's performance 
 within 30 days is deemed to be approval by the local government 
 unit. 
 
   Subp. 4. Obligation.   Construction triggers an obligation 
 of the right-of-way user that the right-of-way restoration be 
 completed according to the conditions set forth in parts 
  7819.1000 to 7819.1400.  The right-of-way user also assumes 
 responsibility for "as built" drawings and for repairing 
   facilities or structures, including right-of-way that was 
damaged during facility installation .  The obligation is 
limited to one year for plantings and turf establishment. 
 
7819.3000 CONSTRUCTION PERFORMANCE BOND.  
 
  Subpart 1. Amount.   The security provided by a 
construction performance bond must cover an amount reasonably 
estimated to restore the right-of-way to the condition that existed 
before the excavation. 
 
   Subp. 2. Statewide blanket bond.  A statewide blanket bond 
held in the name of the commission for the benefit of the local 
government units is considered an acceptable form of security.  If a 
claim is made on a blanket bond, in order for the bond to continue to be 
an acceptable form of security, the right-of-way user shall promptly 
obtain the additional coverage necessary to maintain the full amount of 
the blanket coverage.  A local government unit may require additional 
security on a permit-specific basis if the existing blanket bond or 
other security, as described in part 7819.0100, subpart 3, is determined 
by the local government unit to be inadequate. 
NOTE:   In subpart 1, MUNICIPALITIES would delete the 
language after "estimated" and substitute "to cover the 
          costs of the permittee's performance of the terms of 
     right-of-way repair or restoration as set out in the right-of-way 
     permit, state law, or local ordinance".  In 
subpart 2, MUNICIPALITIES would add after the first 
sentence, "The amount of the blanket bond shall be the 
     estimated value of all right-of-way repair or restoration 
     performed by the right-of-way user in the state during that 
     calendar year. 
      
                          MAPPING SYSTEMS 
7819.4000 AUTHORITY; PURPOSE.  
 
     In managing the use of its public rights-of-way, a local 
government unit may establish, develop, and implement a right-of- 
way mapping system in accordance with parts 7819.4000 and 
7819.4100 The purpose of a mapping system is to: 
        A.  allow flexibility in its use by the local 
government unit as an effective management tool; 
     B.  enhance public safety and user facility safety; 
     C.  provide for long-term cost savings; 
     D.  improve public right-of-way design quality; and 
       E.  allow for better information collection and 
cooperative usage among local government units, 
telecommunications companies, and other users of the public 
right-of-way. 
 
7819.4100 REQUIRED MAPPING INFORMATION.  
 
   Subpart 1.  Application required.   To be considered 
for a project within a public right-of-way, a right-of-way user shall 
submit a right-of-way permit application to the local government 
unit.  For purposes of parts 7819.4000 and 7819.4100, a right-of- 
way user includes any department or agency of a local government 
unit, as well as the local government unit itself and other public 
or private entities applying for a project within the public right- 
of-way. 
 
   Subp. 2. Information.   The application must contain the 
following information: 
     A.  location and approximate depth of applicant's 
mains, cables, conduits, switches, and related equipment and 
facilities, with the location based on: 
       (1) offsets from property lines, distances from 
the centerline of the public right-of-way, and curb lines as 
determined by the local government unit; or 
       (2) coordinates derived from the coordinate 
system being used by the local government unit; or 
       (3) any other system agreed upon by the 
right-of-way user and local government unit; 
        B.  the type and size of the utility; 
     C.  a description showing above-ground appurtenances; 
     D.  a legend explaining symbols, characters, 
abbreviations, scale, and other data shown on the map; and 
     E.  any facilities to be abandoned, if applicable. 
      
   Subp. 3. Changes and corrections.   The application must 
provide that the applicant agrees to submit "as built" drawings, reflecting 
any changes and variations from the information 
provided under subpart 2, items A to E. 
 
  Subp. 4.  Additional construction information.   In 
addition, the right-of-way user shall submit to the local 
government unit at the time the project is completed a 
completion certificate according to part 7819.1300. 
 
Subp. 5.  Manner of conveying permit data.   A right-of-way 
user is not required to provide or convey mapping information or 
data in a format or manner that is different from what is 
currently utilized and maintained by that user.  A permit application 
fee may include the cost to convert the data furnished by the right-of- 
way user to a format currently in use by the local unit of government. 
 
Subp. 6. Data on existing facilities.   At the request of a 
local government unit, a right-of-way user shall provide 
existing data on its existing facilities within the public right- 
of-way in the form maintained by the user at the time the request 
was made, if available. 

Subpart. 1.

Plate 1

Plate 1

7819.9910 UTILITY TRENCH RESTORATION;

Plate 5

Plate 5

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Updated December 12, 1997