§  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 § 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]