Goto Section: 1.924 | 1.926 | Table of Contents
Revised as of March 30, 2020
Goto Year:2019 |
§ 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
(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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Goto Section: 1.924 | 1.926
Goto Year: 2019 |
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