Not sure how you missed it but here it is;
D. Request for Relief
The Commission may waive any of its rules if “good cause” is demonstrated.36 In general, waiver is appropriate if (1) special circumstances warrant a deviation from the general rule; and (2) such deviation would better serve the public interest than would strict adherence to the rule.37 The Commission will grant a waiver of its rules in a particular case upon a showing that the relief requested will not undermine the policy objective of the rule in question and will otherwise serve the public interest.38 In determining whether waiver is appropriate, it is well- established that the Commission should “take into account considerations of hardship, equity, or more effective implementation of overall policy.”39
Each of these factors applies in this case. As detailed in the foregoing section, favorable action will produce both public and private benefits by promoting competition and consumer welfare. In contrast, delaying Windstream’s emergence from bankruptcy would impose significant hardships on the Applicants and could have an adverse impact both on Windstream customers and on competition in markets in which Windstream operates.
Accordingly, to the extent required to expedite initial review and permit a two-step approval process, the Applicants seek a temporary and limited waiver of Sections 1.5000(a)(1), 1.948. 1.2112, 63.03, 63.04, 63.18, and 63.24 of the Commission’s Rules to the extent that any of these rules might require immediate scrutiny of pre-paid warrants contemporaneously with approval of present equity interests in Windstream that would exist at emergence. Applicants understand that such a waiver will be conditioned on filing of a Petition for Declaratory Ruling seeking approval to exercise the special warrants in Step Two of the proposed transaction within 30 days of Windstream’s emergence from bankruptcy.40
