§ 65.101   Initiation of unitary rate of return prescription proceedings.

   (a) Whenever the Commission determines that the monthly average yields
   on ten (10) year United States Treasury securities remain, for a
   consecutive six (6) month period, at least 150 basis points above or
   below the average of the monthly average yields in effect for the
   consecutive six (6) month period immediately prior to the effective
   date of the current prescription, the Commission shall issue a notice
   inquiring whether a rate of return prescription according to this part
   should commence. This notice shall state:

   (1) The deadlines for filing initial and reply comments regarding the
   notice;

   (2) The cost of debt, cost of preferred stock, and capital structure
   computed in accordance with § § 65.302, 65.303, and 65.304; and

   (3) Such other information as the Commission may deem proper.

   (b) Based on the information submitted in response to the notice
   described in § 65.101(a), and on any other information specifically
   identified, the Commission may issue a notice initiating a prescription
   proceeding pursuant to this part.

   (c) The Chief, Wireline Competition Bureau, may issue the notice
   described in § 65.101(a).

   [ 60 FR 28544 , June 1, 1995, as amended at  67 FR 13229 , Mar. 21, 2002]

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