FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 1,407
vii, 937-1877 p. ; 28 cm.View a full description of this book.
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begin to receive additional interstate pool settlements and would not in any way burden
the high-cost loop fund.
II. Waiver Standard
In general, the FCC's rules may be waived for good cause shown.6 Waiver is
appropriate where the "particular facts would make strict compliance inconsistent with
the public interest."7 The FCC may grant a waiver of its rules where the requested relief
would not undermine the policy objective of the rule in question, special circumstances
warrant a deviation from the general rule, and such deviation will serve the public
interest.8
III. Waiver is Justified
A. Eastex Invested with the Expectation that the Freeze Would End in
the Five-Year Time Period Specified by the FCC
In 2001, the FCC required all rate-of-return carriers to freeze their allocation
factors and allowed these carriers the option of freezing their category relationships.9
6 47 C.F.R. 1.3.
7 See AT&T Wireless Services, Inc. et al. v. Federal Communications Commission, No. 00-1304 (D.C. Cir.
2001), citing Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) ("Northeast
Cellular").
8 See generally, WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972);
see also Northeast Cellular (D.C. Cir. 1990).
9 See Jurisdictional Separations and Referral to the Federal-State Joint Board, CC Docket No. 80-286,
Report and Order, 16 FCC Rcd 11382 (2001) ("2001 Separations Freeze Order"). Category relationships
are "the percentages of a carrier's costs for equipment and investment, recorded in Part 32 accounts, that
are assigned to various Part 36 categories based on how the equipment or investment in that category is
being used." In the Matter of Petition by Gila River Telecommunications, Inc. Pursuant to 47 C.F.R.
Sections 36.3, 36.123-126, 36.152-157, and 36.372-382 for Commission Approval to Unfreeze Part 36
Category Relationships, CC Docket No. 80-286, Order, FCC 10-199 (rel. Dec. 2, 2010) at n.7.1407
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94251/m1/485/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.