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(6) "Right of way" means land acquired or dedicated for public roads and streets, but does not
<br /> include:
<br /> (a) State highways;
<br /> (b) Land dedicated for roads, streets, and highways not opened and not improved for
<br /> motor vehicle use by the public;
<br /> (c) Structures, including poles and conduits, located within the right of way;
<br /> (d) Federally granted trust lands or forest board trust lands;
<br /> (e) Lands owned or managed by the state parks and recreation commission; or
<br /> (f) Federally granted railroad rights of way acquired under 43 U.S.C. Section 912 and
<br /> related provisions of federal law that are not open for motor vehicle use.
<br /> (7) "Service provider" means every corporation, company, association, joint stock
<br /> association, firm, partnership, person, city, or town owning, operating, or managing any facilities
<br /> used to provide and providing telecommunications, open video system service, or cable television
<br /> service for hire, sale, or resale to the general public. Service provider includes the legal successor
<br /> to any such corporation, company, association, joint stock association, firm, partnership, person,
<br /> city, or town.
<br /> (8) "Telecommunications service" means the transmission of information by wire, radio,
<br /> optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public.
<br /> For the purpose of this subsection, "information" means knowledge or intelligence represented by
<br /> any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this
<br /> chapter, telecommunications service excludes the over-the-air transmission of broadcast television
<br /> or broadcast radio signals.
<br /> (9) "Use permit"means the authorization in whatever form whereby a City may grant permission to
<br /> a service provider to enter and use the specified right of way for the purpose of installing,
<br /> maintaining,repairing,or removing identified facilities.
<br /> Section 2. Permits Required
<br /> Prior to commencing work, a service provider must apply for and receive a permit for installing,
<br /> maintaining, repairing, or removing facilities for telecommunications services, cable television
<br /> services, or open video system services.
<br /> Section 3. Master Permits
<br /> (1) A service provider must apply for a master permit. A service provider with an existing
<br /> state-wide grant to occupy the right of way shall be asked to obtain a master permit for wireline
<br /> facilities.
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