Section 731.100  Purpose and Application of Part

This Part governs carrier to carrier wholesale service quality standards and remedies in accordance with Section 13-712(g) of the Public Utilities Act [220 ILCS 5/13-712(g)], including, but not limited to, establishing guidelines for the development and submission of wholesale service quality plans for Level 1 carriers establishing wholesale service quality obligations for Level 2 carriers, and establishing the criteria pursuant to which certain carriers are or may be exempt from Subparts B, C, D, E, and F of this Part. Unless otherwise indicated, the provisions of this Part are applicable to all providers of wholesale service to the extent that they are providing wholesale service.

Section 731.105  Definitions

"Act" means the Public Utilities Act [220 ILCS 5].

"Billing" means the processes and systems used to prepare and provide bills to carriers for service ordered and rendered by the providing carrier. "Billing" also includes the functions required to investigate and dispute bills by the carrier receiving the bill.

"Bona fide request" means a telecommunications carrier's written request to another telecommunications carrier to provide a wholesale service.

"Business day" means Monday through Friday, inclusive, excluding weekends and holidays observed and published by the providing carrier.

"Carrier" means a telecommunications carrier as defined in Section 13-202 of the Act [220 ILCS 5/13-202].

"Carrier to carrier wholesale service quality" means the level of quality of telecommunications service, measured pursuant to this Part, that one telecommunications carrier sells or provides to another telecommunications carrier for the latter carrier's use in providing a telecommunications service to end users.

"Change management" means the series of processes and procedures negotiated between two or more carriers that detail the guidelines by which operation support system (OSS) changes are requested and made and for which notice is provided to the users of the OSS.

"Collocation" means the placement by one carrier of its network equipment at the premises of another carrier.

"Commission" means the Illinois Commerce Commission.

"Customer service record" or "CSR" means account information that a providing carrier maintains about an end user and includes, but is not limited to, the billing name, service address, and billing address of the end user. A CSR shall not be requested until after the requesting carrier has received authorization from the end user customer.

"Firm order confirmation" or "FOC" means the document or electronic record by which a provisioning carrier notifies a requesting carrier that the service order has been received and what due date has been assigned.

"Good cause" is evidence or law presented in a Commission proceeding that establishes a party's entitlement to the relief at issue or requested.

"High frequency portion of the loop" or "HFPL" means the frequency range above the voiceband on a copper loop facility that is being used to carry analog circuit-switched voiceband transmissions. Access to the HFPL is commonly called line sharing or line splitting.

"Interconnection trunks" means network facilities used to interconnect two switches of different carriers.

"Local exchange carrier" or "LEC" means a carrier certificated by the Commission to provide intraexchange service within the same market service area (see Section 13-208 of the Act [220 ILCS 5/13-208]).

"Local loop" means a transmission facility between a distribution frame (or its equivalent) in a carrier's central office and the loop demarcation point at an end user customer premises. Local loop includes HFPL.

"Loss notification" means the notice or notification given to a requesting carrier that uses the provisioning carrier's facilities to offer service to its end user when the end user of the service decides to switch its service to the provisioning carrier or to another carrier. This notification is sent from the provisioning carrier to the losing carrier to notify the losing carrier that it has lost the end user customer. Typically, this notification is the mechanism through which the losing carrier obtains information to know that it should cease billing the end user for a given service that one carrier sells or provides to another carrier, as a component of, or for the provision of, telecommunications service to end users.

"Maintenance and repair" means the actions taken or functions used to create trouble reports, view or determine trouble report status and trouble report history, receive proactive status on trouble reports, and clear and close trouble reports.

"Measure" means the specific component or attribute of a wholesale service that is being measured to assess service quality pursuant to an adopted or agreed upon standard. Measures are often based on the pre-ordering, ordering, provisioning, maintenance and repair, or billing functions used to deliver the service.

"Operation support systems" or "OSS" means the various systems and business processes used by a carrier to conduct business with its customers. Typically, OSS covers pre-ordering, ordering, provisioning, maintenance and repair, and billing functions.

"Ordering" means the sequence of steps involved in placing an order with a carrier.

"Preexisting plan" means:

A plan implemented by or for a carrier prior to September 1, 2004 that contains one or more of the components required for a wholesale service quality plan as set forth in Section 731.305 (General Plan Requirements), the terms and provisions of which have been specifically reviewed and approved by the Commission within the previous three years in a docketed proceeding, other than a proceeding that reviewed a negotiated or arbitrated agreement pursuant to section 252 of the federal Telecommunications Act of 1996 (47 USC 252); or

If the terms and conditions of a preexisting plan have not been specifically reviewed and approved by the Commission within the previous three years in a docketed proceeding other than a proceeding that reviewed a negotiated or arbitrated agreement pursuant to section 252 of the federal Telecommunications Act of 1996, then the most recent preexisting plan implemented by that carrier pursuant to a Commission order or, if no preexisting plan was implemented by that carrier pursuant to a Commission order, the most recent preexisting plan implemented by that carrier on a voluntary basis.

"Pre-ordering" means the exchange of specific information (usually an inquiry and response process) between two carriers for the purpose of gathering appropriate information before submitting a request or order.

"Provision" or "provisioning" means to supply, or the supplying of, telecommunications service to a user. With respect to OSS, "provisioning" also means the functions used to manage and monitor an order during the period between the order placement and order completion.

"Provisioning carrier" means the carrier provisioning, or committing or offering to provision, a wholesale service to another carrier.

"Public interest" has the same meaning as in 47 U.S.C. 252(e).

"Reject notice" means a method by which a carrier notifies a requesting carrier that a service request or order is rejected.

"Remedy" means a payment or credit from one carrier to another carrier or the State of Illinois for failure to provide wholesale service at the standard prescribed in Section 731.320 for Level 1 carriers, Section 731.615 for Level 2 carriers, and Section 731.815 for Level 4 carriers.

"Requesting carrier" means the carrier requesting, ordering, or receiving a wholesale service from another carrier.

"Resold local service" means the sale, for purposes of resale, of a complete telecommunications path (i.e., switch port and loop) and associated support (e.g., 9-1-1) by a facilities-based carrier to another carrier.

"Rural exemption" means the exemption granted to rural telephone companies under section 251(f) of the federal Telecommunications Act (47 USC 251(f)).

"Standard" means the rate or level at which a measure is to be provided.

"Telecommunications Act" means the federal Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996.

"Trouble report" has the same meaning as in 83 Ill. Adm. Code 730.

"Unbundled local loop" means the physical connection from the end user's premises to the carrier's point of presence, excluding switching or ports, provided by one carrier to another carrier.

"Unbundled loop return" means the release for reuse by a carrier of an unbundled local loop to a different carrier when the subscriber, whose local telephone service resides on the unbundled loop, authorizes a change in its local telephone service to a different carrier.

"Wholesale out of service" means a situation in which the wholesale service can not be used for its intended function. "Out of service" does not include a situation in which the essential elements of a wholesale service are still operational but there are extra features that are not working (e.g., for dial tone wholesale service a line is not out of service if the call blocking feature is not working but the line has dial tone and can be used to receive and place calls; for non-dial tone wholesale service a line is out of service when the circuit is incapable of transporting voice and/or data).

"Wholesale service" means any telecommunications service subject to the Commission's jurisdiction that one carrier sells or provides to another carrier, as a component of, or for the provision of, telecommunications service to end users, including, but not limited to, any wholesale service that is subject to wholesale service quality standards pursuant to this Part and shall include loss notification, customer service records and unbundled loop returns.

"Wholesale service emergency situation" means a single event that causes an interruption of service or installations affecting wholesale service provided by a carrier. The emergency situation shall begin with the first carrier whose wholesale service is interrupted by the single event and shall end with the restoration or installation of the service of all affected carriers. The term "single event" shall include:

A declaration made by the applicable State or federal governmental agency that the area served by the local exchange carrier is either a State or federal disaster area; or an act of third parties, including acts of terrorism, vandalism, riot, civil unrest, or war, or acts of parties that are not agents, employees or contractors of the local exchange carrier; or a severe storm, tornado, earthquake, flood or fire, including any severe storm, tornado, earthquake, flood or fire that prevents the local exchange carrier from restoring service due to impassable roads, downed power lines, or the closing off of affected areas by public safety officials.

The term "wholesale service emergency situation" shall not include:

a single event caused by high temperature conditions alone; or a single event caused, or exacerbated in scope and duration, by acts or omissions of the local exchange carrier, its agents, employees or contractors or by the condition of facilities, equipment, or premises owned or operated by the local exchange carrier who is claiming that the interruption of service is due to an emergency situation; or any service interruption that occurs during a single event listed above, but is not caused by those single events; or a single event that the local exchange carrier who is claiming that the interruption of service is due to an emergency situation could have reasonably foreseen and taken precautions to prevent; provided, however, that in no event shall such carrier be required to undertake precautions that are technically infeasible or economically prohibitive.

This Part shall be construed as being content neutral as to whether a strike or other work stoppage is a "wholesale service emergency situation". In the event of a strike or other work stoppage, the local exchange carrier's obligations to provide remedies under this Part shall, in the absence of a decision by a court of competent jurisdiction, be determined by the Commission on a case-by-case basis based upon the individual factual circumstances of each strike or other work stoppage. In making such a determination, and notwithstanding the definition of "wholesale service emergency situation", the Commission shall not presume that a strike or other work stoppage is an act of an employee or of the local exchange carrier. Notwithstanding anything to the contrary contained in this definition, a carrier shall not treat a strike or other work stoppage as a wholesale service emergency situation for reporting purposes unless and until a determination is made that such strike or other work stoppage constitutes a wholesale service emergency situation.

"Wholesale service quality plan" or "plan" means a plan filed or approved pursuant to Subpart B, C, D, or E of this Part.

"Wholesale special access" means wholesale service subject to the Commission's jurisdiction utilizing a dedicated non-switched transmission path used for carrier-to-carrier service from the customer's NID (Network Interface Device) or POI (Point Of Interface) to the carrier's POI (Point Of Interface) to one or more of the following: the provisioning carrier's POI; another NID or POI on the requesting carrier's network; or another carrier's network. A non-switched transmission path may include, but is not limited to, DS1, DS3, and OCn facilities as well as links for SS7 signaling, database queries, and SONET ring access.  "Wholesale special access" includes wholesale special access service subject to the Commission's jurisdiction provided to a wireless carrier or to another telecommunication carrier.

Section 731.110  Classifications of Carriers

a)         Level 1 Carriers. For purposes of this Part, the following carriers shall be Level 1 carriers:

1)         LECs in the State of Illinois that provide wholesale service and have a preexisting plan; or

2)         LECs in the State of Illinois that have obligations pursuant to section 251(c) of the federal Telecommunications Act, with 400,000 or more subscriber access lines in service; or

3)         LECs in the State of Illinois that provide wholesale service and are directed pursuant to a Commission order to comply with all of the requirements of Subparts B, C, D, and E pursuant to Section 731.635.

b)         Level 2 Carriers. For purposes of this Part, Level 2 carriers are those LECs in the State of Illinois that provide wholesale service and satisfy each of the following requirements:

1)         Have obligations pursuant to section 251(c) of the federal Telecommunications Act, with fewer than 400,000 subscriber access lines in service;

2)         Do not have a preexisting plan;

3)         Do not have a wholesale service quality plan approved by the Commission pursuant to Subpart E;

4)         Have not been directed pursuant to a Commission order to comply with all of the requirements of Subparts B, C, D, and E pursuant to Section 731.635; and

5)         Do not have a currently effective rural exemption.

c)         Level 3 Carriers. For purposes of this Part, Level 3 carriers are those LECs in the State of Illinois with a rural exemption from the obligations of section 251(c) of the federal Telecommunications Act.

d)         Level 4 Carriers. For purposes of this Part, Level 4 carriers are those LECs in the State of Illinois that do not have obligations pursuant to section 251(c) of the federal Telecommunications Act and are not Level 3 carriers.

Section 731.200  Applicability of Subpart B

The provisions of Subpart B are applicable to all Level 1 carriers.

Section 731.205 Submission of Wholesale Service Quality Plans

a)         Each time a Level 1 carrier's wholesale service quality plan is amended, that carrier shall submit a brief explanation of any changes to the plan, provided that the Level 1 carrier is not required to make a submission when the only change to the plan is an extension in its term.

b)         Any carrier designated by the Commission as a Level 1 carrier pursuant to Section 731.110 or 731.635 shall submit to the Director of the Policy Division its wholesale service quality plan within 90 days after its designation as a Level 1 carrier by the Commission, and, after one year from the submission of its initial wholesale service quality plan, shall submit all amended wholesale service quality plans pursuant to subsection (a).

c)         If the Commission has reason to believe that implementation of a Level 1 carrier's wholesale service quality plan discriminates against a telecommunications carrier that is not a party to the agreement, or if the Commission has reason to believe that implementation of the plan is not consistent with the public interest, convenience and necessity, it may initiate a proceeding to investigate that wholesale service quality plan. After an investigation and notice and an opportunity to be heard, the Commission may modify, update, or in any way amend the plan prior to the end of the triennial period. If the Commission initiates a docket investigating a plan, a verified answer to the initiating order shall be filed and served on the appropriate parties within 30 days after the date upon which the initiating order issued.

d)         45 days' prior notice of any proposed change or modification to a Plan, other than an extension in its term, shall be served on the Director of the Policy Division of the Commission and all affected carriers via mail, with postage prepaid, or fax, or e-mail and shall be available for inspection on that Level 1 carrier's website. Any carrier contesting the proposed change must file, within 30 days after the date of service of the notice of the proposed change, a complaint, with the Commission, in which the complaining carrier sets forth the reasons it contests the change. A verified answer to a complaint shall be filed and served on the appropriate parties within 30 days after the date upon which the complaint was filed.

e)         At any hearing regarding a change or modification to a plan, the carrier proposing the change or modification to the plan shall have the burden of proof to establish the justness and reasonableness of the changes or modifications.

(Source:  Amended at 41 Ill. Reg. 4731, effective April 19, 2017)

Section 731.210 Investigation or Review of Wholesale Service Quality Plans

For each investigation or review of a wholesale service quality plan pursuant to Section 731.205(c), unless otherwise ordered by an Administrative Law Judge or the Commission, if the Administrative Law Judge or Commission determines that there is good cause to delay the proceeding, the Commission shall initiate a proceeding and schedule a prehearing conference (see 83 Ill. Adm. Code 200.300) to occur no more than 21 days after the initiation of the proceeding. The carrier submitting the plan shall be a party to the proceeding. Other parties may intervene, pursuant to the Commission's Rules of Practice (83 Ill. Adm. Code 200). The proceeding will be scheduled, unless otherwise ordered by the Administrative Law Judge or the Commission, if the Administrative Law Judge or Commission determines that there is good cause to delay the proceeding, so that a proposed order is presented to the Commission by the Administrative Law Judge no later than 6 months after the date of the initiation of the proceeding. The purpose of the investigation or review shall be to determine if a carrier's plan complies with the requirements of Subparts B, C, D and E of this Part.

Section 731.220  Wholesale Service Quality Plan Filing Requirements

a)         The wholesale service quality plan filing requirements set forth in this Section are designed to assist the Commission and Commission Staff in performing a review of wholesale service quality plan filings under this Part. Information and schedules contained in the filing requirements may be designed to provide evidence to support the carrier's position or to provide supplemental information to facilitate the Commission Staff's review of the filing. The information supplied under the filing requirements shall not be construed as evidence or made part of the record unless it is offered by a party under the applicable Commission rules (83 Ill. Adm. Code 200.610 to 200.700).

b)         Each carrier subject to this Subpart shall, on the date specified in Section 731.205 for the filing of its wholesale service quality plan, file the prepared direct testimony and exhibits of carrier personnel and any expert witnesses in support of the carrier's plan. Prepared direct testimony shall be in compliance with the Commission's Rules of Practice (83 Ill. Adm. Code 200). The pre-triennial filing requirements of this subsection shall only apply to the initial filings under Section 731.205(a) and the initial filing under Section 731.205(b), and shall not apply to any interim filing prior to the end of a triennial period. At a minimum, the prepared direct testimony and exhibits shall address and/or include the following:

1)         The carrier's wholesale service quality record over the last two years, including a summary of performance and of any remedy payments or credits paid, given and/or assessed over that time period;

2)         All changes to the carrier's wholesale service quality plan most recently approved by the Commission or, if the carrier does not have a previously approved wholesale service quality plan but does have a preexisting plan, all changes to the carrier's preexisting plan, and the basis for all such changes relied upon by the carrier;

3)         Compliance of the carrier's wholesale service quality plan with the requirements of Subpart C of this Part;

4)         Compliance of the carrier's wholesale service quality plan with the criteria for review described in Subpart D of this Part;

5)         A listing of proposed changes to the carrier's existing wholesale service quality plan;

6)         The probable impact of proposed changes to the carrier's existing wholesale service quality plan; and

7)         Support for the impact of proposed changes.

c)         Waiver of filing requirements

1)         Requests for waivers from these filing requirements shall be filed with the Commission at least 60 days prior to the filing of the plan for which the waiver would be effective, if granted. Requests for waivers will be acted on by the Commission or, if directed by the Commission, the Manager of the Administrative Law Judge (ALJ) Division or his or her appointed representative (Administrative Law Judge) and shall be in writing.

2)         A request for a waiver of any of the provisions of these filing requirements shall be in writing, verified, and must set forth the specific reasons in support of the request. The Commission or ALJ (where directed by the Commission) shall grant the request for a waiver upon good cause shown by the carrier. In determining whether good cause has been shown, the Commission or ALJ shall consider, among other things:

A)        Whether other information the carrier would provide if the waiver is granted permits the Commission Staff to review the filing in a complete and timely manner;

B)        The degree to which the information that is the subject of the waiver request is maintained by the carrier in the ordinary course of business or is available to it from the information that it maintains; and

C)        The expense to the carrier in providing the information that is the subject of the waiver request.

3)         Proprietary and confidential information. Any data, information or studies that is confidential, proprietary or trade secret in nature shall be so marked by the carrier. The carrier shall separate from its filing that information marked as confidential, proprietary or trade secret in nature from the material that is to be made public.

Section 731.230  Effective Wholesale Service Quality Plan Pending Review and Approval by the Commission

a)         For a carrier with a preexisting plan, its preexisting plan shall be its effective wholesale service quality plan from September 1, 2004 through the effective date of its plan due to be filed on or before September 15, 2004, under Section 731.205.

b)         For a carrier designated by the Commission as a Level 1 carrier pursuant to Sections 731.110 and 731.635, that carrier shall not have an effective plan pending the effective date of its initial plan to be filed under Section 731.205 unless the Commission orders or establishes an interim wholesale service quality plan. If the Commission orders an interim wholesale service quality plan under Section 731.635, the interim wholesale service quality plan shall be that carrier's effective wholesale service quality plan pending the effective date of its plan to be filed under Section 731.205.

Section 731.300  Applicability of Subpart C

The provisions of Subpart C are applicable to all Level 1 carriers.

Section 731.305 General Plan Requirements

Each wholesale service quality plan shall include, at a minimum, the following components:

a)         A comprehensive set of wholesale measures and standards covering all necessary parts of a carrier's interaction with its wholesale customers. These measures and standards should include, but not be limited to, the following activities: pre-ordering, ordering, provisioning, maintenance and repair, billing, and change of management. (See Section 731.310.)

b)         Fully defined business rules on a per measure basis that are sufficient to describe what is being reported by the measure. Business rules shall include an applicable title, detailed definition, any exclusions, applicable standards or benchmarks, levels of disaggregation, and the specific calculation methodology used by the carrier. (See Section 731.315.)

c)         Self-executing remedy provisions deemed sufficient to modify a Level 1 carrier's actions in the event of noncompliance with the standards contained in the plan. (See Section 731.320.)

d)         Established benchmarks and standards on a per measure basis that set forth the minimum performance level the carrier intends to provide. (See Section 731.315.)

e)         Reporting policies and procedures so that all parties understand exactly when and how the Level 1 carrier will report data. (See Section 731.325.) These policies and procedures shall also cover data and remedy restatements in addition to the regular monthly reporting of carrier performance.

f)         A review process scheduled at regular intervals (i.e., month) by which parties may propose changes to the performance measures contained in the wholesale service quality plans as changes occur in the industry.

g)         Audits scheduled at regular intervals (i.e., annually, biannually) to ensure that the data reported by the carrier is valid, reliable and adheres to the published business rules. (See Section 731.330.) The carrier must retain for three years, for purposes of regular audits, the original source data used to calculate the performance measurement results in its original, raw, or unmodified form. Regular audits shall validate both the measure data being reported as well as the remedy calculations.

Section 731.310  Types of Service Covered

The types of service to be covered for a Level 1 carrier shall include, but not be limited to, wholesale service covered in the carrier's most recent wholesale service quality plan approved pursuant to this Part or, if the carrier does not have a wholesale service quality plan approved pursuant to this Part but does have a preexisting plan, wholesale service covered in the carrier's preexisting plan. The services to be covered for a Level 1 carrier shall include wholesale special access service and shall include wholesale special access measures for ordering, provisioning, maintenance and repair. The Commission may, for good cause shown, as is defined in Section 731.105, include wholesale service not yet provided by the carrier (including but not limited to emerging service) or exclude specific wholesale service in approving each carrier's wholesale service quality plan.

Section 731.315  Measures and Standards

Each wholesale service quality plan shall include measures and standards consistent with the requirements of Section 731.305(a). The specific measures and standards included in each wholesale service quality plan shall be as determined by the Commission pursuant to Section 731.505. No measures or standards may be added, modified, or deleted from a wholesale service quality plan approved by the Commission pursuant to Subpart E without the review and approval of the Commission.

Section 731.320  Remedies

Each wholesale service quality plan shall include self executing remedy provisions consistent with the requirements of Section 731.305(c). The specific remedy provisions included in each wholesale service quality plan shall be determined by the Commission in accordance with this Part. The remedy provisions included in the plan filed by a Level 1 carrier shall be consistent with the remedy provisions included in the plan most recently approved pursuant to this Part by the Commission or, if such carrier does not have a wholesale service quality plan approved pursuant to this Part but does have a preexisting plan, the remedy provisions included in such carrier's preexisting plan. No changes may be made to the remedy provisions included in any plan approved by the Commission without the review and approval of the Commission.

Section 731.325  Reporting

a)         Each carrier's wholesale service quality plan shall provide that the Level 1 carrier will report monthly data to the Commission and to each carrier purchasing wholesale service. At a minimum, the monthly data shall include the total number of transactions on a per measure basis, the number of instances in which standards contained in the Level 1 carrier's wholesale service quality plan were not met on a per measure basis, and calculations supporting any remedies paid pursuant to the wholesale service quality plan. Although aggregate data must be made available to the Commission and all carriers purchasing wholesale service, carrier specific data shall only be made available to the Commission and carriers for their own (i.e., the purchasing carrier's) business transactions.

b)         Each carrier's wholesale service quality plan shall indicate the process it will follow each month for reporting, including, without limitation, the date performance data and remedy amounts will be made available. The reporting process shall also include the timelines and procedures the carrier will follow when making data and or remedy restatements.

Section 731.330  Auditing

a)         Each wholesale service quality plan approved by the Commission shall comply with the requirements of Section 731.305(g). All plans must also provide for periodic audits of the wholesale performance data by an independent auditing firm, include the frequency and scope of the required audits, and indicate responsibility for payment of audits. Audits shall be provided for the measures being reported, as well as for any remedy payments. Level 1 carriers shall follow the auditing requirements set forth in their respective wholesale service quality plans. Each plan shall provide for Commission initiated audits, pursuant to Section 8-102 of the Act [220 ILCS 5/8-102], as well as audits initiated by requesting carriers. Payment for Commission-initiated audits shall be pursuant to Section 8-102 of the Act.

b)         Level 1 carriers shall retain all records required to support wholesale performance relative to this Part for at least three years. Audits are necessary to ensure that data reported by the carriers are valid and reliable and that they adhere to the carrier's filed plan.

Section 731.400  Applicability of Subpart D

The provisions of Subpart D are applicable to all Level 1 carriers.

Section 731.405  Treatment and Effect of Wholesale Service Emergency Situations

The standards contained in any plan will not be considered to be violated for the period of any delay due to a wholesale service emergency situation. Notwithstanding anything to the contrary in this Part, in those situations where a standard cannot be satisfied at all as a result of a wholesale service emergency situation, the failure to satisfy such standard shall not be deemed to be a violation of the applicable standard set forth in the plan.

Section 731.410  Additional Reporting Requirements

a)         A wholesale service quality plan approved pursuant to Subpart E shall be posted to both the Commission's web site, with a reference and a link to the pertinent carrier's wholesale service quality plan at its web site and the Level 1 carrier's web site no more than 30 days after entry of the Commission's order approving such plan.

b)         Performance relative to a Level 1 carrier's wholesale service quality plan shall be posted to the Level 1 carrier's web site and made available to the Commission and other carriers on a monthly basis. Level 1 carriers shall also make available to the Commission both aggregate and individual carrier performance data and shall make available to other carriers access to the aggregate data and their own performance data.

c)         Additionally, Level 1 carriers shall report the following information monthly to the Commission:

1)         The total dollar amount of wholesale service quality remedy payments and credits paid, given and/or assessed;

2)         The five highest dollar credit and payment amounts assessed and/or paid on a per measure basis;

3)         Any wholesale service quality remedy payments and credits not included in the amount reported under subsection (c)(1) but claimed due or owing by purchasing carriers; and

4)         Any changes to previously reported metrics data or remedy payments or credits made by the carrier during the past month and a detailed explanation for why the changes to previously reported metrics data or remedy payments or credits occurred.

Section 731.420  Effect of Interconnection Agreements

a)         A Level 1 carrier may provide wholesale service that does not conform to its wholesale service quality plan to another carrier pursuant to an interconnection agreement, if subsections (a)(1) through (a)(4) are met:

1)         the two carriers negotiated the interconnection agreement or an amendment to their interconnection agreement after September 1, 2004;

2)         that interconnection agreement expressly references this Section;

3)         that interconnection agreement sets forth how the standards and requirements contained in the Level 1 carrier's wholesale service quality plan do not apply to the carrier-signatories to the interconnection agreement; and

4)         the changes in that agreement to the Level 1 carrier's wholesale service quality plan are not contrary to the public interest.

b)         The standards and measures in this Subpart shall apply to: negotiated agreements or amendments to interconnection agreements effective after September 1, 2004; negotiated interconnection agreements that do not expressly reference this Section; and negotiated agreements that do not expressly amend any of the standards and requirements contained in this Subpart.

Section 731.500  Applicability of Subpart E

The provisions of Subpart E are applicable to all Level 1 carriers.

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.

Section 731.600  Applicability of Subpart F

The provisions of Subpart F are applicable to all Level 2 carriers.

Section 731.605  Types of Service Covered by and Exemption from Reporting Requirements from Subpart F

Types of service covered. Unless otherwise indicated in this Subpart, the provisions of Subpart F are applicable to a Level 2 carrier to the extent the Level 2 carrier provides or offers the applicable service. Level 2 carriers shall be subject to wholesale service quality standards as provided in this Subpart for the following wholesale services, to the extent the carrier offers or provides the service:

a)         Unbundled local loops;

b)         Interconnection trunks;

c)         Resold local services;

d)         Collocation;

e)         Loss notification; and

f)         Customer service record.

Section 731.610  Measures and Standards under Subpart F

a)         Firm order confirmations

1)         Level 2 Carriers shall provide FOCs or reject notices for wholesale service within the following timeframes, as measured from the time of receipt of an accurate and complete service request to the return of an FOC or reject notice:

A)        Unbundled local loops − within 24 hours

B)        Interconnection trunks − within 10 business days

C)        Resold local service − within 24 hours

D)        Collocation − within 10 business days

2)         The start time for requests received after the end of the business day will be the beginning of the next business day.

3)         There are two types of reject notices that may be issued by a carrier:

A)        Syntax, which occurs if required fields are not included in a service request; and

B)        Content, which occurs if invalid data is provided in a field.

4)         A rejected service request must be corrected and resubmitted before provisioning can begin.

b)         Provisioning

1)         Level 2 carriers shall provision wholesale service within the following timeframes, as measured from the time of receipt of a complete and accurate service request to completion of the requested service:

A)        Unbundled local loops − within five business days

B)        Interconnection trunks − within 30 business days

C)        Resold local service − within five business days

D)        Collocation – within 90 business days after a provisioning carrier's receipt of an affirmative written response from the requesting carrier as to the terms of collocation.

2)         The required due date is the later of the last day of the interval set forth in subsection (b)(1) or the provisioning date requested by the wholesale customer.

3)         The provisioning intervals in subsection (b)(1) will not apply if the Level 2 carrier demonstrates that the requests are not technically feasible, i.e., physically impossible to undertake, and/or that the requested facilities are not available.

4)         Except where otherwise agreed to, in writing, by the carriers, when a loop must be conditioned to remove bridge taps and load coils in order to provide a digitally capable loop or HFPL, the providing carrier must provide the conditioned (digitally capable) loop or HFPL within eight business days after receipt of an accurate and complete service request, rather than within five business days as set forth in subsection (b)(1). However, provisioning intervals do not apply to digitally capable loops and HFPL when conditioning of the loop to meet the request would result in a significant degradation of the voiceband service that the Level 2 carrier is providing over that same loop.

c)         Maintenance and repair

1)         Level 2 carriers shall clear wholesale out of service trouble reports within the following intervals, as measured from the time of receipt of an accurate and complete trouble report to the time the trouble report is cleared:

A)        Unbundled local loops − within 24 hours

B)        Interconnection trunks − within eight hours

C)        Resold local service − within 24 hours

D)        Collocation – within eight hours

2)         All non-out of service (i.e., service affecting) trouble reports must be cleared by the end of the next business day after receipt of a non-out of service trouble report.

3)         For a trouble report to be considered complete, the wholesale customer must provide the carrier:

A)        the end user customer's telephone number;

B)        the carrier's circuit identification number; and

C)        a detailed description of the trouble conditions and other trouble prescreening information.

d)         Loss notifications. Upon receipt of information that a customer has switched carriers, the customer's new Level 2 carrier shall provide loss notification within the following timeframes:

1)         UNE-platform − within 24 hours

2)         Resale − within 24 hours

e)         Customer service record (CSR). Level 2 carriers shall provide CSRs to the carriers requesting the CSR within 24 hours after the receipt of that request.

f)         The standards set forth in this Section shall not be considered to be violated for the period of any delay resulting from any of the following:

1)         A negligent or willful act on the part of the wholesale customer or the end user retail customer;

2)         A malfunction of equipment owned or operated by the wholesale customer or the end user retail customer;

3)         A wholesale service emergency situation or a situation extended by a wholesale service emergency situation to the extent that the wholesale service emergency situation extends another type of situation;

4)         The wholesale customer missing an appointment, provided that the violation is not further extended by the carrier;

5)         A wholesale customer request to change the scheduled appointment, provided that the violation is not further extended by the carrier;

6)         A carrier's right to refuse service to a wholesale customer as provided in an interconnection agreement, a wholesale service quality plan, or under applicable federal or State law; or

7)         A lack of facilities where a wholesale customer requests service at a geographically remote location; a wholesale customer requests service in a geographic area where the carrier is not currently offering service; or there are insufficient facilities to meet the wholesale customer's request for service, subject to the carrier's obligation for reasonable facilities planning and the wholesale customer's obligation for forecasting.

g)         Notwithstanding anything to the contrary in this Subpart, in those situations where a standard cannot be satisfied at all as a result of the occurrence of any of the causes identified in subsection (f), the failure to satisfy such standard shall not be deemed to be a violation of the applicable standard set forth in this Section.

Section 731. 615  Remedies under Subpart F

If a Level 2 carrier fails to comply with Section 731.610, it shall provide credits to the purchasing carrier in the following amounts:

a)         For firm order confirmation and reject notice failures, Level 2 carriers shall provide credits equal to 20% of the monthly recurring charge for the service covered in Section 731.610(a);

b)         For provisioning failures, Level 2 carriers shall provide credits equal to 20% of the monthly recurring charge for each day beyond the timeframe set forth in Section 731.610(b) that the Level 2 carrier fails to provision a wholesale service covered in Section 731.610(b);

c)         For maintenance and repair failures, Level 2 carriers shall provide credits equal to 20% of the monthly recurring charge for each day beyond the timeframe set forth in Section 731.610(c)(1) and (c)(3) that the Level 2 carrier fails to clear a wholesale out of service trouble report for the services covered in Section 731.610(c)(1) and (c)(3) and 10% of the monthly recurring charge for every eight hours beyond the timeframe set forth in Section 731.610(c)(2) and (c)(4) that the Level 2 carrier fails to clear a wholesale out of service trouble report for the services covered in Section 731.610(c)(2) and (c)(4);

d)         For loss notification failures, Level 2 carriers shall provide a credit of $1 per failure; and

e)         For customer service record failures, Level 2 carriers shall provide a credit of $1 per failure.

Section 731.620  Reporting under Subpart F

a)         Each Level 2 carrier shall report monthly results on a quarterly basis to the Commission. At a minimum, the information reported shall include:

1)         The total dollar amount of wholesale service quality credits on a per measure basis;

2)         Any wholesale service quality credits not included in the amount reported under subsection (a)(1) but claimed due or owing by purchasing carriers;

3)         The level of performance on an aggregate basis by measure (or as a whole with respect to all measures for service provided to all wholesale customers); and

4)         The top 3 carriers receiving wholesale service quality credits from the Level 2 carrier.

b)         Each Level 2 carrier shall also report monthly data on a quarterly basis to carriers purchasing wholesale services. At a minimum, the monthly data shall include the number of reportable transactions, the number of instances in which standards contained in Section 731.610 were not met, and all calculations supporting remedies paid as a result of Section 731.615.

c)         Each carrier shall provide to the Commission, on a triennial basis (to be calculated three years from September 1, 2004), a business rule document for each measure it reports.  These business rule documents describe what is being reported by the measure and compliant with the standards set out in Section 731.610.  The business rules shall include an applicable title, detailed definition, any exclusions, levels of disaggregations and the specific calculation methodology used by the carrier.

Section 731.625  Auditing under Subpart F

a)         Carriers purchasing wholesale service from a Level 2 carrier may request an independent audit of the reported results. To the extent the independent audit confirms the specific concern of the carrier purchasing wholesale service from a Level 2 carrier, as specifically identified in writing to the Level 2 carrier prior to requesting the audit, the Level 2 carrier shall be responsible for the cost of the independent auditor associated with the specific concern identified in writing prior to the audit. If the independent auditor does not confirm the concern of the carrier purchasing wholesale service from a Level 2 carrier, the carrier purchasing wholesale services will be responsible for the cost of the independent audit. Any dispute over payment of audit costs will be resolved by the Commission pursuant to a petition filed with the Commission by either party pursuant to 83 Ill. Adm. Code 200.

b)         Carrier-initiated audits of a Level 2 carrier's records shall be limited to no more than two per calendar year per purchasing carrier.

c)         A Level 2 carrier shall make all records required by this Part available to the Commission or its authorized representatives at any time upon request. A carrier shall make customer proprietary network information available to the Commission. A carrier shall retain all records required by this Part for at least three years.

Section 731.630  Effect of Interconnection Agreement

If a Level 2 carrier provides wholesale service to another carrier pursuant to an interconnection agreement and those carriers have negotiated the interconnection agreement or an amendment to the interconnection agreement after September 1, 2004 that expressly references this Section and it amends any of the standards and requirements contained in this Subpart, those standards and requirements contained in this Subpart shall not apply to such carriers if, but only to the extent that, it is so provided in the interconnection agreement or amendment, and provided further that the changes from or to the standards and requirements contained in this Subpart are not contrary to the public interest. The standards and measures in this Subpart shall apply to: negotiated agreements or amendments to interconnection agreements effective after September 1, 2004; negotiated interconnection agreements that do not expressly reference this Section; and negotiated agreements that do not expressly amend any of the standards and requirements contained in this Subpart.

Section 731.635  Application of Level 1 Requirements to Level 2 Carriers and Conversion to Level 1

If a Level 2 carrier is asked to or required to provide wholesale services other than those set forth in Section 731.610, it must petition the Commission for a determination as to whether it should be required to comply with Level 1 requirements for the provision of the service or services in question.

a)         A Level 2 carrier may be required to comply with some or all of the Level 1 requirements established in Subparts B, C, D, and E of this Part only after the Commission considers and rules upon the following items:

1)         The technical feasibility of compliance with each Subpart B, C, D, and E requirement;

2)         The economic feasibility of compliance with each Subpart B, C, D, and E requirement;

3)         The expected volume of wholesale service activity to be provisioned by the Level 2 carrier;

4)         Whether the benefits expected to accrue to requesting carriers justify the costs expected to be incurred by the provisioning carrier to comply with each Subpart B, C, D, and E requirement; and

5)         With which Subpart B, C, D, and E requirements that carrier must comply and within what time period.

b)         A carrier directed pursuant to a Commission order to comply with all of the requirements of Subparts B, C, D, and E shall be a Level 1 carrier effective 90 days after the date of the Commission's order unless a different conversion date is specified in the Commission's order. A carrier directed pursuant to a Commission order to comply with some but not all of the requirements of Subparts B, C, D, and E shall remain a Level 2 carrier, but shall, unless a different time period is provided in the Commission's order, comply with such Level 1 requirements as directed by the Commission commencing 90 days after the date of the Commission's order.

c)         In any proceeding to determine whether a carrier should be required to comply with some or all of the Level 1 requirements established in Subparts B, C, D, and E of this Part, the Commission may order or establish an interim wholesale service quality plan and determine its effective date.

Section 731.700  Applicability of Subpart G

The provisions of Subpart G are applicable to all Level 3 carriers. Subparts B, C, D, E, and F of this Part shall not apply to LECs with rural exemptions pursuant to section 251(f) of the federal Telecommunications Act.

Section 731.705  Conversion to Level 2

a)         A carrier whose rural exemption is terminated by a Commission order pursuant to section 251(f) of the federal Telecommunications Act will become a Level 2 carrier and shall comply with all of the Level 2 requirements established in Subpart F of this Part effective 90 days after the date of the Commission's order, unless the Commission makes a determination that there is good cause to delay and that a different time period is necessary.

b)         Notwithstanding subsection (a), a Level 3 carrier whose rural exemption is terminated by a Commission order pursuant to section 251(f) of the federal Telecommunications Act may petition the Commission for an exemption from some or all of the Level 2 requirements established in Subpart F of this Part. The burden of proof in establishing the right to an exemption under this subsection shall be upon the petitioner. The petition shall include facts demonstrating that the requested exemption would not harm consumers and will not impede the development or operation of a competitive market. In ruling on any such petition, the Commission shall consider and rule upon the following items, when applicable:

1)         The technical feasibility of compliance with each Subpart F requirement;

2)         The economic feasibility of compliance with each Subpart F requirement;

3)         The expected demand for wholesale service covered under Subpart F;

4)         Whether the benefits accrued to competing carriers justify the costs incurred by that carrier necessary to comply with each Subpart F requirement;

5)         With which Subpart F requirements that carrier must comply and within what time period; and

6)         Whether the carrier needs to comply with Subpart F if the carrier enters into an agreement with a competing carrier whereby the competing carrier agrees to accept different wholesale service quality standards than those contained in Subpart F.

Section 731.805  Types of Service Covered by and Exemption from Certain Subparts

Services Covered. Level 4 carriers shall be subject to the wholesale service quality standards as provided in this Subpart for the following services, to the extent the carriers offer or provide the service:

a)         Customer service record;

b)         Unbundled loop return; and

c)         Loss notification.

Section 731.810  Measures and Standards under Subpart H

Level 4 carriers shall be subject to the following wholesale service measures and standards as provided for the following types of service, to the extent the carriers offer or provide the service:

a)         Unbundled loop return for less than 20 loops − within 24 hours

b)         Unbundled loop return for 20 or more loops − within 48 hours

c)         Loss notification − within 24 hours

d)         Customer service record − within 24 hours

Section 731.815  Remedies under Subpart H

a)         If a Level 4 carrier fails to comply with Section 731.810, it shall provide credits to the purchasing carrier in the following amounts:

1)         Unbundled loop return − $1 per failure

2)         Customer service record failures − $1 per failure

3)         Loss notification − $1 per failure

b)         Subparts B, C, D, E, F, and G of this Part shall not apply to Level 4 carriers (LECs without obligations pursuant to section 251(c) of the federal Telecommunications Act and that are not Level 3 carriers).

Section 731.820  Application of Level 2 Requirements to Level 4 Carriers and Conversion to Level 2

a)         If a Level 4 carrier receives a bona fide request for wholesale service and either agrees to provide that service or is obligated to provide that service under the Act or the federal Telecommunications Act, that carrier may be required, after notice and hearing, to comply with some or all of the Level 2 requirements established in Subpart F. In connection with any such hearing, the Commission shall consider and rule upon each of the following items:

1)         The technical feasibility of compliance with each Subpart F requirement;

2)         The economic feasibility of compliance with each Subpart F requirement;

3)         The expected demand for wholesale service covered under Subpart F;

4)         Whether the benefits accrued to competing carriers justify the costs incurred by that carrier necessary to comply with each Subpart F requirement;

5)         With which Subpart F requirements that carrier must comply and within what time period; and

6)         Whether the carrier needs to comply with Subpart F if the carrier enters into an agreement with a competing carrier whereby the competing carrier agrees to accept different wholesale service quality standards than those contained in Subpart F.

b)         A carrier directed pursuant to a Commission order to comply with all of the requirements of Subpart F shall become a Level 2 carrier effective 90 days after the date of the Commission's order unless the Commission determines that good cause for delay exists and a different time period is necessary and a different conversion date is specified in the Commission's order. A carrier directed pursuant to a Commission order to comply with some but not all of the requirements of Subpart F shall remain a Level 4 carrier, but shall, unless the Commission determines that a different time period is necessary and a different time period is provided in the Commission's order, comply with such Level 2 requirements as directed by the Commission commencing 90 days after the date of the Commission's order.

Section 731.900  Applicability of Subpart I

Subpart I is applicable to all carriers.

Section 731.905  Notice of Termination of Wholesale Service

Except where otherwise agreed to, in writing, by the carriers, no provisioning carrier offering or providing wholesale service to a requesting carrier shall terminate, discontinue, or abandon the service once initiated except upon at least 35 days prior written notice (the termination notice) to the Commission and the requesting carrier. Notwithstanding anything to the contrary in this Section, no termination notice shall be required for interruptions in service due to wholesale service emergency situations. Nothing in this Section shall be construed to abrogate or diminish the rights and obligations of a carrier under the Act or Commission rules (including, without limitation, Section 13-406 of the Act [220 ILCS 5/13-406] and 83 Ill. Adm. Code 735).