; (II) the installation of conduit increases overall costs of a covered highway construction project by 1.5 percent or greater; (III) the installation of broadband conduit associated with covered highway construction project will not be utilized or connected to future broadband infrastructure in the next 20 years, in the determination of the State department of transportation, in consultation with appropriate State agencies and potentially affected local governments and Tribal governments; (IV) the requirements of this paragraph would require installation of conduit redundant with a dig once requirement of a local or Tribal government; (V) there exists a circumstance involving force majeure; or (VI) other relevant factors, as determined by the Secretary in consultation with the Assistant Secretary through regulation, warrant a waiver. (ii) Contents of waiver A waiver authorized under this subparagraph shall— (I) identify the covered highway construction project; and (II) include a brief description of the determination of the State for issuing such waiver. (iii) Availability of waiver A waiver authorized under this subparagraph shall be included in the plans, specifications, and estimates for the associated project, as long as such information is publicly available. (4) Priority If a State provides for the installation of broadband infrastructure or broadband conduit in the right-of-way of an applicable project under this subsection, the State department of transportation, along with appropriate State agencies, shall carry out appropriate measures to ensure that any existing broadband providers are afforded equal opportunity access, as compared to other broadband providers, with respect to the program under this subsection. (5) Consultation (A) In general In promulgating regulations required by this subsection or to implement any part of this section, the Secretary shall consult— (i) the Assistant Secretary; (ii) the Commission; (iii) State departments of transportation; (iv) appropriate State agencies