As used in this chapter:

1. (1) "Consumer price index" means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor.

2. (2)

   1. (a) "Crossing" means a telecommunications facility constructed under or across a railroad right-of-way:

      1. (i) at an angle between 80 degrees and 100 degrees;

      2. (ii) with a minimum depth of:

         1. (A) 10 feet below rail level for nonhorizontal directional drilling; or
         2. (B) 15 feet below rail for horizontal directional drilling; and
      3. (iii) within a county that is not a county of the first class.
   2. (b) "Crossing" does not include longitudinal occupancy of railroad right-of-way.
3. (3) "Facility" or "telecommunications facility" means fiber optics or related conduit installed in a crossing.
4. (4) "Fiber optic carrier" means a telecommunications corporation or a telecommunications corporation's contractor or agent.

Enacted by Chapter 452, 2019 General Session