Terms Used In Montana Code > Title 69 > Chapter 4 > Part 3 - Underground Conversion of Utilities

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
• Communication service: means the transmission of intelligence by electrical means, including but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Montana Code 69-4-303
• Contract: A legal written agreement that becomes binding when signed.
• conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Montana Code 69-4-303
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. See Montana Code 69-4-303
• Governing body: means the board of county commissioners or city council, as may be appropriate, depending on whether the special improvement district is located in a county or within a city or town. See Montana Code 69-4-303
• 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.
• Ordinance: means resolution where the governing body acts by resolution and vice versa. See Montana Code 69-4-303
• Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Montana Code 69-4-303
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Property: means real and personal property. See Montana Code 1-1-205
• Public utility: means any public or private person, corporation, or cooperative that provides electric or communication service to the public by means of electric or communication facilities and shall include any special improvement district that provides electric or communication service to the public by means of electric or communication facilities. See Montana Code 69-4-303
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206