Terms Used In West Virginia Code > Chapter 31G > Article 4 - Make-Ready Pole Access

• Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, including, but not limited to, the National Electrical Safety Code, or any local amendments to those codes: Provided, That notwithstanding any other provisions of said applicable codes, the Code of West Virginia, or the West Virginia Code of State Rules, variances for the installation and maintenance of broadband service infrastructure on utility poles shall be permitted if these are agreed upon between infrastructure owners. See West Virginia Code 31G-4-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attacher: means any person, corporation, or other entity, or the agents or contractors of such seeking to permanently or temporarily fasten or affix any type of equipment, antenna, line, or facility of any kind to a utility pole in the right of way or its adjacent ground space. See West Virginia Code 31G-4-1
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Broadband service: means the same as that term is defined in §. See West Virginia Code 31G-4-1
• Commission: means the Public Service Commission as set forth in §. See West Virginia Code 31G-4-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Pole owner: means a person, corporation, or entity having ownership of a pole or similar structure in the right of way to which utilities, including without limitation, electric and communications facilities, are located or may be located whether such ownership is in fee simple or by franchise. See West Virginia Code 31G-4-1
• poles: means poles that are used to support electrical, cable television, telephone, and broadband service. See West Virginia Code 31G-4-1
• Pre-existing third-party user: means the owner of any currently operating facilities, antenna, lines, or equipment on a pole or its adjacent ground space in the right of way. See West Virginia Code 31G-4-1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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