Goto Section: 14.4 | 14.10 | Table of Contents
Revised as of October 1, 2020
Goto Year:2019 |
§ 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
(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.
Goto Section: 14.4 | 14.10
Goto Year: 2019 |
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