§ 68.5   Waivers.

   The Commission may, upon the application of any interested person, initiate
   a proceeding to waive the requirements of § 68.4(a)(1) with respect to new
   telephones, or telephones associated with a new technology or service. The
   Commission shall not grant such a waiver unless it determines, on the basis
   of evidence in the record of such proceeding, that such telephones, or such
   technology or service, are in the public interest, and that (a) compliance
   with the requirements of § 68.4(a)(1) is technologically infeasible, or (b)
   compliance  with  such  requirements  would  increase the costs of the
   telephones, or of the technology or service, to such an extent that such
   telephones, technology, or service could not be successfully marketed. In
   any proceeding under this section to grant a waiver from the requirements of
   § 68.4(a)(1), the Commission shall consider the effect on hearing-impaired
   individuals of granting the waiver. The Commission shall periodically review
   and determine the continuing need for any waiver granted pursuant to this
   section.

   [ 54 FR 21430 , May 18, 1989]

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