Standard crossing fee

(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. (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. (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) (a) The placement of a single conduit is limited to a single applicant, and the conduit's contents are a single facility. (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: (a) one; and (b) the actual percent change of the consumer price index during the most recent 12-month period for which data is available.