Goto Section: 65.101 | 65.103 | Table of Contents
Revised as of October 1, 2011
Goto Year:2010 |
§ 65.102 Petitions for exclusion from unitary treatment and for individual
treatment in determining authorized return for interstate exchange access
(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 § 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: 2010 |
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