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(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)
(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.