Goto Section: 20.12 | 20.15 | Table of Contents
FCC 20.13
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 20.13 State petitions for authority to regulate rates.
(a) States may petition for authority to regulate the intrastate rates
of any commercial mobile radio service. The petition must include the
following:
(1) Demonstrative evidence that market conditions in the state for
commercial mobile radio services do not adequately protect subscribers
to such services from unjust and unreasonable rates or rates that are
unjustly or unreasonably discriminatory. Alternatively, a state's
petition may include demonstrative evidence showing that market
conditions for commercial mobile radio services do not protect
subscribers adequately from unjust and unreasonable rates, or rates
that are unjustly or unreasonably discriminatory, and that a
substantial portion of the commercial mobile radio service subscribers
in the state or a specified geographic area have no alternative means
of obtaining basic telephone service. This showing may include evidence
of the range of basic telephone service alternatives available to
consumers in the state.
(2) The following is a non-exhaustive list of examples of the types of
evidence, information, and analysis that may be considered pertinent to
determine market conditions and consumer protection by the Commission
in reviewing any petition filed by a state under this section:
(i) The number of commercial mobile radio service providers in the
state, the types of services offered by commercial mobile radio service
providers in the state, and the period of time that these providers
have offered service in the state;
(ii) The number of customers of each commercial mobile radio service
provider in the state; trends in each provider's customer base during
the most recent annual period or other data covering another reasonable
period if annual data is unavailable; and annual revenues and rates of
return for each commercial mobile radio service provider;
(iii) Rate information for each commercial mobile radio service
provider, including trends in each provider's rates during the most
recent annual period or other data covering another reasonable period
if annual data is unavailable;
(iv) An assessment of the extent to which services offered by the
commercial mobile radio service providers the state proposes to
regulate are substitutable for services offered by other carriers in
the state;
(v) Opportunities for new providers to enter into the provision of
competing services, and an analysis of any barriers to such entry;
(vi) Specific allegations of fact (supported by affidavit of person
with personal knowledge) regarding anti-competitive or discriminatory
practices or behavior by commercial mobile radio service providers in
the state;
(vii) Evidence, information, and analysis demonstrating with
particularity instances of systematic unjust and unreasonable rates, or
rates that are unjust or unreasonably discriminatory, imposed upon
commercial mobile radio service subscribers. Such evidence should
include an examination of the relationship between rates and costs.
Additionally, evidence of a pattern of such rates, that demonstrates
the inability of the commercial mobile radio service marketplace in the
state to produce reasonable rates through competitive forces will be
considered especially probative; and
(viii) Information regarding customer satisfaction or dissatisfaction
with services offered by commercial mobile radio service providers,
including statistics and other information about complaints filed with
the state regulatory commission.
(3) Petitions must include a certification that the state agency filing
the petition is the duly authorized state agency responsible for the
regulation of telecommunication services provided in the state.
(4) Petitions must identify and describe in detail the rules the state
proposes to establish if the petition is granted.
(5) States have the burden of proof. Interested parties may file
comments in support or in opposition to the petition within 30 days
after public notice of the filing of a petition by a state under this
section. Any interested party may file a reply within 15 days after the
expiration of the filing period for comments. No additional pleadings
may be filed. Except for § 1.45 of this chapter, practice and procedure
rules contained in § § 1.42-1.52 of this chapter shall apply. The
provisions of § § 1.771-1.773 of this chapter do not apply.
(6) The Commission shall act upon any petition filed by a state under
this paragraph not later than the end of the nine-month period after
the filing of the petition.
(7) If the Commission grants the petition, it shall authorize the state
to regulate rates for commercial mobile radio services in the state
during a reasonable period of time, as specified by the Commission. The
period of time specified by the Commission will be that necessary to
ensure that rates are just and reasonable, or not unjustly or
unreasonably discriminatory.
(b) States that regulated rates for commercial mobile services as of
June 1, 1993, may petition the Commission under this section before
August 10, 1994, to extend this authority.
(1) The petition will be acted upon by the Commission in accordance
with the provisions of paragraphs (a)(1) through (a)(5) of this
section.
(2) The Commission shall act upon the petition (including any
reconsideration) not later than the end of the 12-month period
following the date of the filing of the petition by the state involved.
Commercial mobile radio service providers offering such service in the
state shall comply with the existing regulations of the state until the
petition and any reconsideration of the petition are acted upon by the
Commission.
(3) The provisions of paragraph (a)(7) of this section apply to any
petition granted by the Commission under this paragraph.
(c) No sooner than 18 months from grant of authority by the Commission
under this section for state rate regulations, any interested party may
petition the Commission for an order to discontinue state authority for
rate regulation.
(1) Petitions to discontinue state authority for rate regulation must
be based on recent empirical data or other significant evidence
demonstrating that the exercise of rate authority by a state is no
longer necessary to ensure that the rates for commercial mobile are
just and reasonable or not unjustly or unreasonably discriminatory.
(2) Any interested party may file comments in support of or in
opposition to the petition within 30 days after public notice of the
filing of the petition. Any interested party may file a reply within 15
days after the time for filing comments has expired. No additional
pleadings may be filed. Except for 1.45 of this chapter, practice and
procedure rules contained in § 1.42-1.52 of this chapter apply. The
provisions of § § 1.771-1.773 of this chapter do not apply.
(3) The Commission shall act upon any petition filed by any interested
party under this paragraph within nine months after the filing of the
petition.
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Goto Section: 20.12 | 20.15
Goto Year: 2011 |
2013
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