the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others;
population density in the area;
the type of highway involved; and
existing broadband access in the area.
DOT shall ensure that:
an appropriate number of broadband conduits are installed along such highway to accommodate multiple broadband providers,
the size of conduit is consistent with industry best practices and sufficient to accommodate potential demand,
hand holes and manholes for fiber access and pulling such conduit are placed at intervals consistent with industry best practices,
installed conduit includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices,
installed conduit is placed at a depth consistent with industry best practices and cable separation requirements of electrical codes, and
any requesting broadband provider has access to each broadband conduit installed on a competitively neutral and nondiscriminatory basis for a charge not to exceed a cost-based rate.
DOT may waive the requirements of this Act upon determining that the waiver is appropriate based upon:
a showing of undue burden,
a determination that the installation of conduit beneath hard surfaces is not necessary based on the availability of existing broadband infrastructure, or
a cost-benefit analysis.