(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.

(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.

(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

(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.