§  51.215   Dialing parity: Cost recovery.

   (a) A LEC may recover the incremental costs necessary for the
   implementation of toll dialing parity. The LEC must recover such costs
   from all providers of telephone exchange service and telephone toll
   service in the area served by the LEC, including that LEC. The LEC
   shall use a cost recovery mechanism established by the state.

   (b) Any cost recovery mechanism for the provision of toll dialing
   parity pursuant to this section that a state adopts must not:

   (1) Give one service provider an appreciable cost advantage over
   another service provider, when competing for a specific subscriber (
   i.e., the recovery mechanism may not have a disparate effect on the
   incremental costs of competing service providers seeking to serve the
   same customer); or

   (2) Have a disparate effect on the ability of competing service
   providers to earn a normal return on their investment.

   [ 61 FR 47350 , Sept. 6, 1996]