§  68.5   Waivers.

   The Commission may, upon the application of any interested person,
   initiate a proceeding to waive the requirements of § 68.4(a)(1) with
   respect to new telephones, or telephones associated with a new
   technology or service. The Commission shall not grant such a waiver
   unless it determines, on the basis of evidence in the record of such
   proceeding, that such telephones, or such technology or service, are in
   the public interest, and that (a) compliance with the requirements of
   § 68.4(a)(1) is technologically infeasible, or (b) compliance with such
   requirements would increase the costs of the telephones, or of the
   technology or service, to such an extent that such telephones,
   technology, or service could not be successfully marketed. In any
   proceeding under this section to grant a waiver from the requirements
   of § 68.4(a)(1), the Commission shall consider the effect on
   hearing-impaired individuals of granting the waiver. The Commission
   shall periodically review and determine the continuing need for any
   waiver granted pursuant to this section.

   [ 54 FR 21430 , May 18, 1989]