§  20.13   State petitions for authority to regulate rates.

   (a) States may petition for authority to regulate the intrastate rates
   of any commercial mobile radio service. The petition must include the
   following:

   (1) Demonstrative evidence that market conditions in the state for
   commercial mobile radio services do not adequately protect subscribers
   to such services from unjust and unreasonable rates or rates that are
   unjustly or unreasonably discriminatory. Alternatively, a state's
   petition may include demonstrative evidence showing that market
   conditions for commercial mobile radio services do not protect
   subscribers adequately from unjust and unreasonable rates, or rates
   that are unjustly or unreasonably discriminatory, and that a
   substantial portion of the commercial mobile radio service subscribers
   in the state or a specified geographic area have no alternative means
   of obtaining basic telephone service. This showing may include evidence
   of the range of basic telephone service alternatives available to
   consumers in the state.

   (2) The following is a non-exhaustive list of examples of the types of
   evidence, information, and analysis that may be considered pertinent to
   determine market conditions and consumer protection by the Commission
   in reviewing any petition filed by a state under this section:

   (i) The number of commercial mobile radio service providers in the
   state, the types of services offered by commercial mobile radio service
   providers in the state, and the period of time that these providers
   have offered service in the state;

   (ii) The number of customers of each commercial mobile radio service
   provider in the state; trends in each provider's customer base during
   the most recent annual period or other data covering another reasonable
   period if annual data is unavailable; and annual revenues and rates of
   return for each commercial mobile radio service provider;

   (iii) Rate information for each commercial mobile radio service
   provider, including trends in each provider's rates during the most
   recent annual period or other data covering another reasonable period
   if annual data is unavailable;

   (iv) An assessment of the extent to which services offered by the
   commercial mobile radio service providers the state proposes to
   regulate are substitutable for services offered by other carriers in
   the state;

   (v) Opportunities for new providers to enter into the provision of
   competing services, and an analysis of any barriers to such entry;

   (vi) Specific allegations of fact (supported by affidavit of person
   with personal knowledge) regarding anti-competitive or discriminatory
   practices or behavior by commercial mobile radio service providers in
   the state;

   (vii) Evidence, information, and analysis demonstrating with
   particularity instances of systematic unjust and unreasonable rates, or
   rates that are unjust or unreasonably discriminatory, imposed upon
   commercial mobile radio service subscribers. Such evidence should
   include an examination of the relationship between rates and costs.
   Additionally, evidence of a pattern of such rates, that demonstrates
   the inability of the commercial mobile radio service marketplace in the
   state to produce reasonable rates through competitive forces will be
   considered especially probative; and

   (viii) Information regarding customer satisfaction or dissatisfaction
   with services offered by commercial mobile radio service providers,
   including statistics and other information about complaints filed with
   the state regulatory commission.

   (3) Petitions must include a certification that the state agency filing
   the petition is the duly authorized state agency responsible for the
   regulation of telecommunication services provided in the state.

   (4) Petitions must identify and describe in detail the rules the state
   proposes to establish if the petition is granted.

   (5) States have the burden of proof. Interested parties may file
   comments in support or in opposition to the petition within 30 days
   after public notice of the filing of a petition by a state under this
   section. Any interested party may file a reply within 15 days after the
   expiration of the filing period for comments. No additional pleadings
   may be filed. Except for §  1.45 of this chapter, practice and
   procedure rules contained in § §  1.42-1.52 of this chapter shall
   apply. The provisions of § §  1.771-1.773 of this chapter do not apply.

   (6) The Commission shall act upon any petition filed by a state under
   this paragraph not later than the end of the nine-month period after
   the filing of the petition.

   (7) If the Commission grants the petition, it shall authorize the state
   to regulate rates for commercial mobile radio services in the state
   during a reasonable period of time, as specified by the Commission. The
   period of time specified by the Commission will be that necessary to
   ensure that rates are just and reasonable, or not unjustly or
   unreasonably discriminatory.

   (b) States that regulated rates for commercial mobile services as of
   June 1, 1993, may petition the Commission under this section before
   August 10, 1994, to extend this authority.

   (1) The petition will be acted upon by the Commission in accordance
   with the provisions of paragraphs (a)(1) through (a)(5) of this
   section.

   (2) The Commission shall act upon the petition (including any
   reconsideration) not later than the end of the 12-month period
   following the date of the filing of the petition by the state involved.
   Commercial mobile radio service providers offering such service in the
   state shall comply with the existing regulations of the state until the
   petition and any reconsideration of the petition are acted upon by the
   Commission.

   (3) The provisions of paragraph (a)(7) of this section apply to any
   petition granted by the Commission under this paragraph.

   (c) No sooner than 18 months from grant of authority by the Commission
   under this section for state rate regulations, any interested party may
   petition the Commission for an order to discontinue state authority for
   rate regulation.

   (1) Petitions to discontinue state authority for rate regulation must
   be based on recent empirical data or other significant evidence
   demonstrating that the exercise of rate authority by a state is no
   longer necessary to ensure that the rates for commercial mobile are
   just and reasonable or not unjustly or unreasonably discriminatory.

   (2) Any interested party may file comments in support of or in
   opposition to the petition within 30 days after public notice of the
   filing of the petition. Any interested party may file a reply within 15
   days after the time for filing comments has expired. No additional
   pleadings may be filed. Except for 1.45 of this chapter, practice and
   procedure rules contained in §  1.42-1.52 of this chapter apply. The
   provisions of § §  1.771-1.773 of this chapter do not apply.

   (3) The Commission shall act upon any petition filed by any interested
   party under this paragraph within nine months after the filing of the
   petition.

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