1、359 Federal Communications Commission Pt. 65 safety and health, and the minimum number of senior staff necessary to support these of-ficials; and (iii) Mayors, county commissioners, and the minimum number of senior staff to sup-port these officials. B. Priority 2: Disaster Response/Military Command
2、and Control Users who qualify for the Disaster Re-sponse/Military Command and Control pri-ority will be assigned priority two. Individ-uals eligible for this priority include per-sonnel key to managing the initial response to an emergency at the local, state, regional and federal levels. Personnel s
3、elected for this priority should be responsible for ensuring the viability or reconstruction of the basic infrastructure in an emergency area. In addi-tion, personnel essential to continuity of government and national security functions (such as the conduct of international affairs and intelligence
4、activities) are also included in this priority. Examples of those eligible include: (i) Federal emergency operations center coordinators, e.g., Manager, National Coordi-nating Center for Telecommunications, Na-tional Interagency Fire Center, Federal Co-ordinating Officer, Federal Emergency Com-munic
5、ations Coordinator, Director of Mili-tary Support; (ii) State emergency Services director, Na-tional Guard Leadership, State and Federal Damage Assessment Team Leaders; (iii) Federal, state and local personnel with continuity of government responsibilities; (iv) Incident Command Center Managers, loc
6、al emergency managers, other state and local elected public safety officials; and (v) Federal personnel with intelligence and diplomatic responsibilities. C. Priority 3: Public Health, Safety, and Law Enforcement Command Users who qualify for the Public Health, Safety, and Law Enforcement Command pr
7、i-ority will be assigned priority three. Eligible for this priority are individuals who direct operations critical to life, property, and maintenance of law and order immediately following an event. Examples of those eligi-ble include: (i) Federal law enforcement command; (ii) State police leadershi
8、p; (iii) Local fire and law enforcement com-mand; (iv) Emergency medical service leaders; (v) Search and rescue team leaders; and (vi) Emergency communications coordina-tors. D. Priority 4: Public Services/Utilities and Public Welfare Users who qualify for the Public Services/ Utilities and Public W
9、elfare priority will be assigned priority four. Eligible for this pri-ority are those users whose responsibilities include managing public works and utility infrastructure damage assessment and res-toration efforts and transportation to ac-complish emergency response activities. Ex-amples of those e
10、ligible include: (i) Army Corps of Engineers leadership; (ii) Power, water and sewage and tele-communications utilities; and (iii) Transportation leadership. E. Priority 5: Disaster Recovery Users who qualify for the Disaster Recov-ery priority will be assigned priority five. El-igible for this prio
11、rity are those individuals responsible for managing a variety of recov-ery operations after the initial response has been accomplished. These functions may in-clude managing medical resources such as supplies, personnel, or patients in medical facilities. Other activities such as coordina-tion to es
12、tablish and stock shelters, to ob-tain detailed damage assessments, or to sup-port key disaster field office personnel may be included. Examples of those eligible in-clude: (i) Medical recovery operations leadership; (ii) Detailed damage assessment leader-ship; (iii) Disaster shelter coordination an
13、d management; and (iv) Critical Disaster Field Office support personnel. 6. LIMITATIONS PAS will be assigned only to the minimum number of CMRS services required to sup-port an NSEP function. The Executive Office of the President may also establish limita-tions upon the relative numbers of services
14、that may be assigned PAS or the total num-ber of PAS users in a serving area. These limitations will not take precedence over laws or executive orders. Limitations estab-lished shall not be exceeded. 65 FR 48396, Aug. 8, 2000 PART 65INTERSTATE RATE OF RE-TURN PRESCRIPTION PROCE-DURES AND METHODOLOGI
15、ES Subpart AGeneral Sec. 65.1 Application of part 65. Subpart BProcedures 65.100 Participation and acceptance of serv-ice designation. 65.101 Initiation of unitary rate of return prescription proceedings. 65.102 Petitions for exclusion from unitary treatment and for individual treatment VerDate Mar2
16、010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-360 47 CFR Ch. I (10110 Edition) 65.1 in determining authorized return for
17、interstate exchange access service. 65.103 Procedures for filing rate of return submissions. 65.104 Page limitations for rate of return submissions. 65.105 Discovery. Subpart CExchange Carriers 65.300 Calculations of the components and weights of the cost of capital. 65.301 Cost of equity. 65.302 Co
18、st of debt. 65.303 Cost of preferred stock. 65.304 Capital structure. 65.305 Calculation of the weighted average cost of capital. 65.306 Calculation accuracy. 65.450 Net income. Subpart DInterexchange Carriers 65.500 Net income. Subpart ERate of Return Reports 65.600 Rate of return reports. Subpart
19、FMaximum Allowable Rates of Return 65.700 Determining the maximum allowable rate of return. 65.701 Period of review. 65.702 Measurement of interstate service earnings. Subpart GRate Base 65.800 Rate base. 65.810 Definitions. 65.820 Included items. 65.830 Deducted items. AUTHORITY: Secs. 4, 201, 202,
20、 203, 205, 218, 403, 48 Stat., 1066, 1072, 1077, 1094, as amended, 47 U.S.C. 151, 154, 201, 202, 203, 204, 205, 218, 219, 220, 403. Subpart AGeneral 65.1 Application of part 65. (a) This part establishes procedures and methodologies for Commission pre-scription of an authorized unitary interstate ex
21、change access rate of re-turn and individual rates of return for the interstate exchange access rates of certain carriers pursuant to 65.102. This part shall apply to those inter-state services of local exchange car-riers as the Commission shall designate by rule or order, except that all local exch
22、ange carriers shall provide to the Commission that information which the Commission requests for purposes of conducting prescription proceedings pursuant to this part. (b) Local exchange carriers subject to 61.41 through 61.49 of this chapter are exempt from the requirements of this part with the fo
23、llowing exceptions: (1) Except as otherwise required by Commission order, carriers subject to 61.41 through 61.49 of this chapter shall employ the rate of return value calculated for interstate access serv-ices in complying with any applicable rules under parts 36 and 69 that require a return compon
24、ent; (2) Carriers subject to 61.41 through 61.49 of this chapter shall be subject to 65.600(d); (3) Carriers subject to 61.41 through 61.49 of this chapter shall continue to comply with the prescribed rate of re-turn when offering any services speci-fied in 61.42(f) of this chapter unless the Commis
25、sion otherwise directs; and (4) Carriers subject to 61.41 through 61.49 of this chapter shall comply with Commission information requests made pursuant to 65.1(a). 60 FR 28543, June 1, 1995 Subpart BProcedures 65.100 Participation and acceptance of service designation. (a) All interstate exchange ac
26、cess carriers, their customers, and any member of the public may participate in rate of return proceedings to deter-mine the authorized unitary interstate exchange access or individual inter-state exchange access rates of return authorized pursuant to 65.102. (b) Participants shall state in their in
27、itial pleading in a prescription pro-ceeding whether they wish to receive service of documents and other mate-rial filed in the proceeding. Partici-pants that wish to receive service by hand on the filing dates when so re-quired by this part 65 shall specify in their initial pleading in a prescripti
28、on proceeding, as specified in 65.103 (b) and (c), an agent for acceptance of service by hand in the District of Co-lumbia. The participant may elect in its pleading to receive service by mail or upon an agent at another location. When such an election is made, other participants need not complete s
29、ervice VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-361 Federal Communications Commission 65.103 on the fili
30、ng date, and requests for ex-tension of time due to delays in com-pletion of service will not be enter-tained. 60 FR 28544, June 1, 1995 65.101 Initiation of unitary rate of re-turn prescription proceedings. (a) Whenever the Commission deter-mines that the monthly average yields on ten (10) year Uni
31、ted States Treasury securities remain, for a consecutive six (6) month period, at least 150 basis points above or below the average of the monthly average yields in effect for the consecutive six (6) month period immediately prior to the effective date of the current prescription, the Com-mission sh
32、all issue a notice inquiring whether a rate of return prescription according to this part should com-mence. This notice shall state: (1) The deadlines for filing initial and reply comments regarding the notice; (2) The cost of debt, cost of preferred stock, and capital structure computed in accordan
33、ce with 65.302, 65.303, and 65.304; and (3) Such other information as the Commission may deem proper. (b) Based on the information sub-mitted in response to the notice de-scribed in 65.101(a), and on any other information specifically identified, the Commission may issue a notice initi-ating a presc
34、ription proceeding pursu-ant to this part. (c) The Chief, Wireline Competition Bureau, may issue the notice described in 65.101(a). 60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002 65.102 Petitions for exclusion from unitary treatment and for indi-vidual treatment in determining a
35、u-thorized return for interstate ex-change access service. (a) Exclusion from unitary treatment will be granted for a period of two years if the cost of capital for inter-state exchange service is so low as to be confiscatory because it is outside the zone of reasonableness for the indi-vidual carri
36、ers required rate of return for interstate exchange access services. (b) A petition for exclusion from uni-tary treatment and for individual treatment must plead with particu-larity the exceptional facts and cir-cumstances that justify individual treatment. The showing shall include a demonstration
37、that the exceptional facts and circumstances are not of transitory effect, such that exclusion for a period of a least two years is jus-tified. (c) A petition for exclusion from uni-tary treatment and for individual treatment may be filed at any time. When a petition is filed at a time other than th
38、at 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 65.103 Procedures for filing rate of return submissions. (a) Ra
39、te of return submissions listed in 65.103 (b)(1) and (c) may include any relevant information, subject to the page limitations of 65.104. The Chief, Wireline Competition Bureau, may re-quire from carriers providing inter-state services, and from other partici-pants submitting rate of return sub-miss
40、ions, data, studies or other infor-mation that are reasonably calculated to lead to a full and fair record. (b) In proceedings to prescribe an au-thorized unitary rate of return on interstate access services, interested parties may file direct case submis-sions, responses, and rebuttals. Direct case
41、 submissions shall be filed within sixty (60) calendar days following the effective date of a Commission notice initiating a rate of return proceeding pursuant to 65.101(b). Rate of return submissions responsive to the direct case submissions shall be filed within sixty (60) calendar days after the
42、dead-line for filing direct case submissions. Rebuttal submissions shall be field within twenty-one (21) calendar days after the deadline for filing responsive submissions. (c) Petitions for exclusion from uni-tary treatment and for individual treatment may be filed on the same date as the deadline
43、for filing respon-sive rate of return submissions. Opposi-tions shall be filed within 35 calendar days thereafter. Rebuttal submissions shall be filed within 21 calendar days VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C
44、1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-362 47 CFR Ch. I (10110 Edition) 65.104 after the deadline for filing responsive submissions. (d) An original and 4 copies of all rate of return submissions shall be filed with the Secreta
45、ry. (e) The filing party shall serve a copy of each rate of return submission, other than an initial submission, on all participants who have filed a designa-tion of service notice pursuant to 65.100(b). 60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002 65.104 Page limitations for
46、rate of re-turn submissions. Rate of return submissions, including all argument, attachments, appendices, supplements, and supporting materials, such as testimony, data and docu-ments, but excluding tables of contents and summaries of argument, shall be subject to the following double spaced typewri
47、tten page limits: (a) The direct case submission of any participant shall not exceed 70 pages in length. (b) The responsive submission of any participant shall not exceed 70 pages in length. (c) The rebuttal submission of any participant shall not exceed 50 pages in length. (d) Petitions for exclusi
48、on from uni-tary treatment shall not exceed 70 pages in length. Oppositions to peti-tions for exclusion shall not exceed 50 pages in length. Rebuttals shall not ex-ceed 35 pages in length. 60 FR 28544, June 1, 1995 65.105 Discovery. (a) Participants shall file with each rate of return submission cop
49、ies of all information, including studies, finan-cial analysts reports, and any other documents relied upon by participants or their experts in the preparation of their submission. Information filed pursuant to this paragraph for which protection from disclosure is sought shall be filed subject to protective or-ders which shall be duly granted by the Chief, Wireline Competition Bureau, for good cause shown. (b) Participants may
