Section 731.505  Commission Review and Approval of Wholesale Service Quality Plans

a)         Approval. Following hearings on each plan or petition filed or any proceeding commenced pursuant to Section 731.205, the Commission shall approve a wholesale service quality plan for each carrier. The plans approved by the Commission may be those plans as filed by the Level 1 carriers or as modified by the Commission.

b)         Basis for approval. In approving a wholesale service quality plan for each carrier, the Commission shall address and consider each of the following:

1)         Whether the plan contains articulated, pre-determined measures and standards that encompass a comprehensive range of carrier-to-carrier performance;

2)         Whether each measure has an articulated definition, or "business rule", that sets forth the manner in which the data are to be collected by the carrier, lists any relevant exclusions, and states the applicable performance standards;

3)         Whether the plan contains a mechanism that detects and sanctions

non-compliant performance when it occurs on both an individual measure and aggregate basis;

4)         Whether the plan subjects the Level 1 carrier to potential monetary liability that provides an incentive to comply with the designated performance standards;

5)         Whether liability under the plan's enforcement mechanism would actually accrue at significant monetary levels when performance standards are missed;

6)         Whether the plan contains a self-executing mechanism;

7)         Whether the plan provides for data to be accurate and it provides that the reported data are able to be audited;

8)         Whether the plan complies with the requirements set forth in Subparts B, C, D, and E of this Part, including but not limited to Section 731.305.