09 NCAC 06C .0108         WAIVER OF RULES

Upon receipt of a written request to waive a rule, the Board shall consider the request and may waive any rule in this Chapter. The factors the Board shall use in determining whether to grant a waiver are:

(1)           Whether the requested waiver is consistent with Article 3 of Chapter 62A or other North Carolina Statutes;

(2)           Whether any applicable Rule should be amended;

(3)           Costs to the 911 Fund if the waiver is granted;

(4)           Costs to the party requesting a waiver if the waiver is not granted;

(5)           Whether granting the waiver is consistent with the statewide 911 plan;

(6)           The benefit to the public;

(7)           Whether granting the waiver is consistent with the requirements and intent of the FCC Order;

(8)           Prior, concurrent, or similar waiver requests; and

(9)           Whether the waiver is supported or opposed by PSAPs or service providers.

History Note:        Authority G.S. 62A-42; 150B-19(6);

Eff. July 1, 2016.