§ 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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