Sec.  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]