Utah Code 54-23-105. Standard crossing fee
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(1) Unless otherwise agreed by the parties, a fiber optic carrier that crosses a railroad right-of-way shall pay the railroad a one-time standard crossing fee of $1,250, adjusted as provided in Subsection (5), for each crossing.
Terms Used In Utah Code 54-23-105
- 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
- Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:(2)(a)(i) at an angle between 80 degrees and 100 degrees;(2)(a)(ii) with a minimum depth of:(2)(a)(ii)(A) 10 feet below rail level for nonhorizontal directional drilling; or(2)(a)(ii)(B) 15 feet below rail for horizontal directional drilling; and(2)(a)(iii) within a county that is not a county of the first class. See Utah Code 54-23-102
- Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
- 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
(2)(2)(a) Except as otherwise provided in this chapter, the standard crossing fee is paid in lieu of any license, permit, application, processing fee, or any other fee or charge to reimburse the railroad for direct expenses incurred by the railroad as a result of the crossing.(2)(b) Except as otherwise provided in this chapter, no other fee or charge related to the crossing may be assessed to the fiber optic carrier by the railroad.(3) In addition to the standard crossing fee, the fiber optic carrier shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing.(4)(4)(a) The placement of a single conduit is limited to a single applicant, and the conduit’s contents are a single facility.(4)(b) No additional fees are payable based on the individual fibers, wires, lines, or other items contained within a single conduit.(5) On January 1 of each year, the standard crossing fee under Subsection (1) shall be adjusted by multiplying the current standard crossing fee by the sum of:(5)(a) one; and(5)(b) the actual percent change of the consumer price index during the most recent 12-month period for which data is available.