Goto Section: 65.101 | 65.103 | Table of Contents
FCC 65.102
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 65.102 Petitions for exclusion from unitary treatment and for individual
treatment in determining authorized return for interstate exchange access
service.
(a) Exclusion from unitary treatment will be granted for a period of two
years if the cost of capital for interstate exchange service is so low as to
be confiscatory because it is outside the zone of reasonableness for the
individual carrier's required rate of return for interstate exchange access
services.
(b) A petition for exclusion from unitary treatment and for individual
treatment must plead with particularity the exceptional facts and
circumstances that justify individual treatment. The showing shall include a
demonstration that the exceptional facts and circumstances are not of
transitory effect, such that exclusion for a period of a least two years is
justified.
(c) A petition for exclusion from unitary treatment and for individual
treatment may be filed at any time. When a petition is filed at a time other
than that specified in Sec. 65.103(b)(2), the petitioner must provide compelling
evidence that its need for individual treatment is not simply the result of
short-term fluctuations in the cost of capital or similar events.
[ 60 FR 28544 , June 1, 1995]
Goto Section: 65.101 | 65.103
Goto Year: 2007 |
2009
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