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(Emphasis added.) It is entirely consistent with Rule R9 -7 (and <br />its history as recited in the order adopting --it demonstrates this <br />consistency) for the Commission to establish the Orange County EAS <br />plan proposed if polling supports it as provided in the Rule. <br />(c) . The Commission also incorrectly applied Rule R9 -7 to <br />Mebane Home's claim of "severe financial distress." Rule R9 -7 <br />specifically contemplates that a claim of "severe financial <br />distress" made by a local exchange company shall be relevant only <br />in the consideration of whether or not lost toll revenues should <br />be included in the cost study of providing EAS services. A claim <br />of "severe financial distress" cannot impact on whether or not the <br />subscribers of an exchange (or a portion of an exchange) are <br />polled. The Commission's order recites that it found insufficient <br />evidence in the record to either support or reject Mebane Home's <br />financial distress claim and purportedly rested its decision on the <br />Triangle J Calling Plan issue. The Commission, nevertheless, <br />improperly included the financial distress claim in analyzing <br />whether or not to order polling and thereby revealed its bias in <br />favor of the stand -alone position of Mebane Home against polling <br />in this docket. <br />4. The inhabitants of Orange County have been discriminated <br />against by the decision of the Commission in denying this EAS <br />request. Similarly situated inhabitants of other counties, <br />including those residing in Wake and Durham counties (which form <br />part of the TJRCP) , enjoy full (or practically full) EAS privileges <br />within their respective counties. <br />