Challenging the denial of a waiver is likewise not an easy task because an applicant for waiver bears the heavy burden on appeal to show that "the Commission's reasons for declining to grant the waiver were so insubstantial as to render that denial an abuse of discretion." Turro v. FCC, 859 F.2d 1498, 1499 (D.C. Cir. 1988); see also Thomas Radio Co. v. FCC, 716 F.2d 921, 924 (D.C. Cir. 1983). B.
"`[S]trict adherence to a general rule may be justified . . . even if it appears to result in some hardship in individual cases.'" BellSouth Corp. v. FCC, 162 F.3d 1215, 1225 (D.C. Cir. 1999) (quoting Turro v. FCC, 859 F.2d 1498, 1500 (D.C. Cir. 1988)). MGM also relies on Gulf Power Co. v. FERC, 983 F.2d 1095 (D.C. Cir. 1993), as support for its argument that the Register is imposing a harsh penalty.
'" [S]trict adherence to a general rule may be justified . . . even if it appears to result in some hardship in individual cases.'" BellSouth Corp. v. FCC, 162 F.3d 1215, 1225 (D.C. Cir. 1999) (quoting Turro v. FCC, 859 F.2d 1498, 1500 (D.C. Cir. 1988)). Universal also argues that the Register's decision to deny Universal a waiver is not supported by substantial evidence, and therefore violates the APA. "[A]n agency's refusal to grant a waiver will not be overturned unless the agency's reasons are `so insubstantial as to render that denial an abuse of discretion.'"
The `strict adherence to a general rule may be justified by the gain in certainty and administrative ease, even if it appears to result in some hardship in individual cases.'Id. at 1225 (quoting Turro v. FCC, 859 F.2d 1498, 1500 (D.C. Cir. 1988)). And, the requestor of a waiver "assumes a `heavy' burden because `an agency's refusal to grant a waiver will not be overturned unless the agency's reasons are so insubstantial as to render that denial an abuse of discretion.'"