Sec. 22.119  Requests for rule waivers.

    The FCC may waive the requirements of rules in this part on its own 
motion or upon written request.
    (a) Requests for waiver of rules must contain a complete explanation 
as to why the waiver is desired. The FCC may grant a request for waiver 
if it is shown that:
    (1) 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
    (2) In view of unique or unusual factual circumstances of the 
instant case,

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application of the rule(s) would be inequitable, unduly burdensome or 
contrary to the public interest, or that the applicant has no reasonable 
alternative.
    (b) The FCC, in its discretion, may give public notice of the filing 
of a waiver request and seek comment from the public or affected 
parties.
    (c) 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 is processed using the alternative proposal as if the waiver 
had not been requested. Applications rendered defective may be dismissed 
without prejudice.