FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,055
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10. Based on our review of Convo's showings, we find good cause to grant Convo a waiver of
section 64.604(c)(5)(iii)(N)(I)(i-ii) of the Commission's rules for the period from June 1., 201 I1, the date
these rules became effective, until September 1, 2011.1 Generally, the Commission's rules may be
waived for good cause shown)2 The Commission may exercise its discretion to waive a rule where the
particular facts make strict compliance inconsistent with the public interest.' In addition, the
Commission may take into account considerations of hardship, equity, or more effective implementation
of overall policy on an individual basis.34 Waiver of the Commission's rules is therefore appropriate only
if special circumstances warrant a deviation from the general rule, and such a deviation will serve the
public interest." An applicant seeking a waiver faces a high hurdle and must plead with particularity the
facts and circumstances that warrant a waiver.'
I I. In addition to the general "high hurdle" that waiver applicants face, the Commission
specified in the VRS Practices R&O what was particularly required of applicants seeking waiver of any of
the new requirements adopted therein. The Commission stated that a waiver applicant "will have the
burden of showing that the waiver is in the public interest, that grant of the waiver request will not
undermine the purposes of the rules that we adopt today, and that it will come into compliance with those
rules within a short period of time."17 In addition, the Commission required each waiver applicant "to
provide, in writing, a description of the specific requirement(s) for which it is seeking a waiver, along
with documentation demonstrating the applicant's plan and ability to come into compliance with all of
these requirements (other than the certification requirement)" within three months after the rules become
effectivee.8 The Commission elaborated that "[e]vidence of the applicant's plan and ability to come into
compliance with the new rules shall include the applicant's detailed plan for modifying its business
structure and operations in order to meet the new requirements."'" The Commission further specified that
it would grant waivers "only after a rigorous showing that the applicant has workable plans and the ability
to continue providing VRS in a manner that will not undermine the measures adopted in [the VRS
Practices R&O] to eliminate the fraud and abuse that have plagued the VRS program."4"
12. As noted above, the rules adopted in the VRS Practices R&O for which Convo is seeking a
waiver became effective on June 1, 2011, and the Commission has required that any applicant seeking
" As discussed in paragraph 17, infra. we also grant Con'.o a waiver of the URL provisions of section
64.604(c)(5)(iii)(N)(1)(ii) from June I. 2011 until September 9, 201)1.
47 C.F.R. 1.3 ("Any provision of the rules may be wai, ed by the Commission on its own motion or on petition
if good cause theretbr is shown").
" Northeast C'ellular Telephone Co. v' FCC. 897 F.2d I1164. 1166 (D C. Cir. 1990) (Northeast Cellular).
" W1IT Radio v' F('C'. 418 F 2d 1153, 1159 (D.C. (Cir. 1969) (W ;lT"Radio); Vorthe.as.t Cellular, 897 F.2d at 1166.
N NItheast Celtular. 897 F.2d at i 166.
' WAIT Radio. 418 1F.2d at 1 157 citingg Rio grande e IF;'mlil Radio i"ellowship. Inc. '. FCC, 406 F.2d 664 (D.C. Cir.
1968)); Birach Broad. Corp.. lMemorandon Opinion and Order, 18 FCC Red 1414, 1415 (2003).
VRS Practices RrWO, 26 FCC Red at 5575, para. 62.
S Id. at 5575-76. para. 63.
4 I at 5576. para. 63.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/79/: accessed June 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.