The particular factor, if you will, that the arbitrator will take into account is one of several factors intended to recognize the fact that shippers are different from one another, and that the circumstances and needs of shippers will differ depending on their unique situations.
The arbitration decision cannot be one size fits all. The presence of that particular factor in the bill reflects the fact that you can expect the situation of a shipper who has access to three railways in an urban area will be different in practice from the situation of a shipper who has only one railway and one transportation option because, say, trucking isn't viable in their remote area. Having that in there allows the arbitrator to consider those kinds of differences and to reflect that in the service agreement.
I would add that the provision, the access to the arbitration, is available to all shippers, whether they have competitive options or not. Any shipper can access the provision.
It means it's not a barrier to the remedy. The shipper can access the remedy. It's just something the arbitrator will consider.