Title 47
SECTION 14.5
14.5 Waivers - Multipurpose Services and Equipment.
§ 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.