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Terms Used In Utah Code 54-23-104

  • 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
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5

     Unless the railroad notifies the fiber optic carrier in writing or electronically that the approved crossing is a serious threat to the safe operation of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall issue the permit or crossing agreement and schedule flagging to occur within 45 calendar days of the approved application.