Terms Used In West Virginia Code > Chapter 17 > Article 2E - Dig Once Policy

• conduit: means a conduit, innerduct, or microduct for fiber optic cables that support facilities for broadband service. See West Virginia Code 17-2E-2
• Council: means the Broadband Enhancement Council. See West Virginia Code 17-2E-2
• Direct bury: means the burying of telecommunications wire or cable directly into the ground by means of plowing or direct insertion without the opening of a trench and without the installation of conduit or innerduct. See West Virginia Code 17-2E-2
• Division: means the Division of Highways. See West Virginia Code 17-2E-2
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Longitudinal access: means access to or the use of any part of a right-of-way that extends generally parallel to the traveled right-of-way. See West Virginia Code 17-2E-2
• Permit: means an encroachment permit issued by the commissioner of the division under the authority of this code, and pursuant to the Accommodation of Utilities on Highway Right-of-Way and Adjustment and Relocation of Utility Facilities on Highway Projects Policy, or equivalent policy, as may be currently enforced by the division, that specifies the requirements and conditions for performing work in a right-of-way and where such work involves the creation or opening of a trench for the installation of telecommunications facilities in a right-of-way. See West Virginia Code 17-2E-2
• Right-of-way: means land, property, or any interest therein acquired or controlled by the division for transportation facilities or other transportation purposes or specifically acquired for utility accommodation. See West Virginia Code 17-2E-2
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Telecommunications carrier: means a telecommunications carrier:

  (A) As determined by the Public Service Commission of West Virginia. See West Virginia Code 17-2E-2

• Telecommunications facility: means any cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment, or other equipment, system, or device that is used to transmit, receive, produce or distribute a signal for telecommunications purposes via wireline, electronic, or optical means. See West Virginia Code 17-2E-2
• Utility: has the meaning ascribed to it in §. See West Virginia Code 17-2E-2
• Wireless access: means access to, and use of, a right-of-way for the purpose of constructing, installing, maintaining, using, or operating telecommunications facilities for wireless telecommunications. See West Virginia Code 17-2E-2