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to all local government units that have elected, pursuant to Minnesota Statutes, section 237.163, subdivision 2, to exercise the authority to manage their public rights-of-way under Minnesota Statutes, sections 237.162 and 237.163. Part 7819.1100, subparts 1 and 2 and the associated plates at parts 7819.9900 to 7819.9950, part 7819.1200, part 7819.5000, and part 7819.5100 apply whether or not the local government unit has elected to manage its public right-of-way under Minnesota Statutes, sections 237.162 and 237.163. Part 7819.1200 is not applicable to a local government unit that has adopted an ordinance requiring a right-of-way user to obtain a permit or to provide a notice for certain types of work in lieu of a permit. This chapter applies to all right-of-way users as defined in part 7819.0100, subpart 21. For right-of-way users subject to the franchising authority of a local government unit, to the extent that rights, duties, and obligations regarding the use of the public right-of-way are addressed in the terms of any applicable franchise agreement, the terms of the franchise prevail over any conflicting provisions in this chapter. Statutory Authority: MS s 237.163 History: 23 SR 2004 Published Electronically:November 14, 2003 7819.0100 DEFINITIONS. Subpart 1.Scope.The terms used in this chapter have the meanings given in this part. Subp. 2.Abandoned facility."Abandoned facility" means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. The definition of abandoned facility in this chapter is not meant to affect the treatment of the term abandoned facility under any other rules. Subp. 3.City."City" means a statutory or home rule charter city. Subp. 4.Commission."Commission" means the state Public Utilities Commission. Subp. 5.Congested right-of-way."Congested right-of-way" means a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04, subdivision 3, over a continuous length in excess of 500 feet. Subp. 6.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.cash deposit; Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA RULES7819.0050