Goto Section: 1.924 | 1.926 | Table of Contents
FCC 1.925
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.925 Waivers.
(a) Waiver requests generally. The Commission may waive specific
requirements of the rules on its own motion or upon request. The fees for
such waiver requests are set forth in Sec. 1.1102 of this part.
(b) Procedure and format for filing waiver requests. (1) Requests for waiver
of rules associated with licenses or applications in the Wireless Radio
Services must be filed on FCC Form 601, 603, or 605.
(2) Requests for waiver must contain a complete explanation as to why the
waiver is desired. If the information necessary to support a waiver request
is already on file, the applicant may cross-reference the specific filing
where the information may be found.
(3) The Commission may grant a request for waiver if it is shown that:
(i) The underlying purpose of the rule(s) would not be served or would be
frustrated by application to the instant case, and that a grant of the
requested waiver would be in the public interest; or
(ii) In view of unique or unusual factual circumstances of the instant case,
application of the rule(s) would be inequitable, unduly burdensome or
contrary to the public interest, or the applicant has no reasonable
alternative.
(4) Applicants requiring expedited processing of their request for waiver
shall clearly caption their request for waiver with the words
“WAIVER—EXPEDITED ACTION REQUESTED.”
(c) Action on Waiver Requests. (i) The Commission, in its discretion, may
give public notice of the filing of a waiver request and seek comment from
the public or affected parties.
(ii) Denial of a rule waiver request associated with an application renders
that application defective unless it contains an alternative proposal that
fully complies with the rules, in which event, the application will be
processed using the alternative proposal as if the waiver had not been
requested. Applications rendered defective may be dismissed without
prejudice.
[ 63 FR 68926 , Dec. 14, 1998]
Goto Section: 1.924 | 1.926
Goto Year: 2007 |
2009
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