; (II) may vary by topography, location, type of road, rurality, and other factors in the determination of the State; and (III) may be updated not more frequently than annually. (iii) In-kind compensation The State department of transportation may negotiate in-kind compensation with any broadband provider requesting access to broadband conduit installed under the provisions of this paragraph as a replacement for part or all of, but not to exceed, the relevant fee in the fee schedule described in clause (ii). (iv) Safety considerations The State department of transportation shall require of broadband providers a process for safe access to the highway right-of-way during installation and ongoing maintenance of the broadband fiber optic cables including a traffic control safety plan. (v) Communication A broadband provider with access to the conduit installed pursuant to this subsection shall notify and receive permission from the relevant agencies of State responsible for the installation of such broadband conduit prior to accessing any highway or highway right-of-way, in accordance with applicable Federal requirements. (E) Treatment of projects Notwithstanding any other provision of law, broadband conduit and broadband infrastructure installation projects under this paragraph shall comply with section 113(a) of title 23, United States Code. (F) Waiver authority (i) In general A State department of transportation may waive the required installation of broadband conduit for part or all of any covered highway construction project under this paragraph if, in the determination of the State— (I) broadband infrastructure, terrestrial broadband infrastructure, aerial broadband fiber cables, or broadband conduit is present near a majority of the length of the covered highway construction project; (II) the installation of conduit increases overall costs of a covered highway construction project by 1.5 percent or greater