Goto Section: 14.4 | 14.10 | Table of Contents
FCC 14.5
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 14.5 Waivers—Multipurpose Services and Equipment.
(a) Waiver. (1) On its own motion or in response to a petition by a provider
of advanced communications services, a manufacturer of equipment used for
advanced communications services, or by any interested party, the Commission
may waive the requirements of this part for any feature or function of
equipment used to provide or access advanced communications services, or for
any class of such equipment, for any provider of advanced communications
services, or for any class of such services, that—
(i) Is capable of accessing an advanced communications service; and
(ii) Is designed for multiple purposes, but is designed primarily for
purposes other than using advanced communications services.
(2) For any waiver petition under this section, the Commission will examine
on a case-by-case basis—
(i) Whether the equipment or service is designed to be used for advanced
communications purposes by the general public; and
(ii) Whether and how the advanced communications functions or features are
advertised, announced, or marketed.
(b) Class Waiver. For any petition for a waiver of more than one advanced
communications service or one piece of equipment used for advanced
communications services where the service or equipment share common defining
characteristics, in addition to the requirements of § § 14.5(a)(1) and (2),
the Commission will examine the similarity of the service or equipment
subject to the petition and the similarity of the advanced communications
features or functions of such services or equipment.
(c) Duration. (1) A petition for a waiver of an individual advanced
communications service or equipment used for advanced communications
services may be granted for the life of the service or equipment as
supported by evidence on the record, or for such time as the Commission
determines based on evidence on the record.
(2) A petition for a class waiver may be granted for a time to be determined
by the Commission based on evidence on the record, including the lifecycle
of the equipment or service in the class. Any class waiver granted under
this section will waive the obligations of this part for all advanced
communications services and equipment used for advanced communications
services subject to a class waiver and made available to the public prior to
the expiration of such waiver.
(d) Public notice. All petitions for waiver filed pursuant to this section
shall be put on public notice, with a minimum of a 30-day period for
comments and oppositions.
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Subpart B—Definitions
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Goto Section: 14.4 | 14.10
Goto Year: 2014 |
2016
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