FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,939
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competitive bidding process, or they did not conduct a fair and open competitive bidding process.4 We
further find that the petitioners have not demonstrated that good cause exists to waive the requirements.'
2. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and sections
0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), the
requests for review or requests for waiver filed by the petitioners listed in the appendix ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Telecommunications Access Policy Division
Wireline Competition Bureau
4 See 47 C.F.R. 54.504. 54.511 (2002) amended by 47 C.F.R. 54.503. 54.511 (2011).
Generally, the Commission's rules may be waived if good cause is shown. 47 C.F.R. 1.3. The Commission may
exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public
interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164. 1166 (D.C. Cir. 1990) ('Northeast Cellular). In
addition, the Commission may take into account considerations of hardship equity, or more effective
implementation of overall policy on an individual basis. WAITRadio v: FCC, 418 F.2d 1153, 1159 (D.C. Cir.
1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission's rules is appropriate only if both (i)
special circumstances warrant a deviation from the general rule. and (ii) such deviation will serve the public interest.
NetworklP. LLC v. FCC, 548 F.3d 116. 125-128 (D.C. Cir. 2008);: Northeast Celnlar 897 F.2d at 1 166.
Federal Conmmunicntinn Cnmmisinn
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94252/m1/80/: accessed January 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.