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This Ordinance and any right, privilege or obligation of the City or Company hereunder, shall be interpreted consistently with state and federal statutory, administrative and common law, and such statutory, administrative or common law shall govern in the case of conflict. This Ordinance shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce other general ordinances necessary to protect the health, safety, and welfare of the public. SECTION 103 DEFINITIONS 103.1 CITY means the City of Charlottesville, Virginia, a municipal corporation. 103.2 COMPANY means NTELOS, Inc., including its successors and assigns. 103.3 DIRECTOR means the Director of Public Works for the City of Charlottesville. 103.4 FACILITY means any tangible asset in the Public Rights -of -Way required to provide utility service, which includes but is not limited to; cable television, electric, natural gas, telecommunications, water, sanitary sewer and storm sewer services. 103.5 PATCH means a method of pavement replacement that is temporary in nature. 103.6 PAVEMENT means any type of improved surface that is within the Public Rights -of -Way including but not limited to any improved surface constructed with bricks, pavers, bituminous, • concrete, aggregate, or gravel or some combination thereof. 103.7 PUBLIC RIGHTS-OF-WAY or PROW means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, included other dedicated rights-of-way for travel purposes and utility easements of the City, paved or otherwise. This definition does not include a state highway system regulated pursuant to the direction of the Commonwealth Transportation Board. ARTICLE II SECTION 201 INITIAL INSTALLATION The initial installation of equipment, lines, cables or other Facilities by the Company shall be a mixture of overhead and underground in Public Rights -of -Way as depicted in Exhibit A, attached hereto, and as may have been or may hereafter be modified, and incorporated by reference. SECTION 202 SUBSEQUENT INSTALLATION 202.1 SUBSEQUENT INSTALLATION MADE PURSUANT TO AN APPROVED PROW PLAN: Additional Facilities installed within the PROW may be placed overhead or underground pursuant to an approved request by the Company made pursuant to Article III, and in . accordance with such generally applicable ordinances or regulations governing such Page 2