§  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.

   

Subpart B--Definitions