§ 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 § 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]

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