[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR65.102]

[Page 356]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 65_INTERSTATE RATE OF RETURN PRESCRIPTION PROCEDURES AND METHODOLOGIES
--Table of Contents
 
                          Subpart B_Procedures
 
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]