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]