As used in this chapter:

(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.

Terms Used In Utah Code 54-23-102

  • 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. See Utah Code 54-23-102
  • 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.
  • Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
  • Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
(i) at an angle between 80 degrees and 100 degrees;
(ii) with a minimum depth of:
(A) 10 feet below rail level for nonhorizontal directional drilling; or
(B) 15 feet below rail for horizontal directional drilling; and
(iii) within a county that is not a county of the first class. See Utah Code 54-23-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
  • Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
  • telecommunications facility: means fiber optics or related conduit installed in a crossing. See Utah Code 54-23-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2) 

    (a)  “Crossing” means a telecommunications facility constructed under or across a railroad right-of-way:

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

    (ii)  with a minimum depth of:

    (A)  10 feet below rail level for nonhorizontal directional drilling; or

    (B)  15 feet below rail for horizontal directional drilling; and

    (iii)  within a county that is not a county of the first class.

    (b)  “Crossing” does not include longitudinal occupancy of railroad right-of-way.

    (3)  “Facility” or “telecommunications facility” means fiber optics or related conduit installed in a crossing.

    (4)  “Fiber optic carrier” means a telecommunications corporation or a telecommunications corporation‘s contractor or agent.

    Enacted by Chapter 452, 2019 General Session

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