§ 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.

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Subpart B—Definitions

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