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.