Section 731.205 Submission of Wholesale Service Quality Plans

a)                  On or before September 15, 2004, and every three years thereafter, every Level 1 carrier shall submit to the Manager of the Telecommunications Division of the Commission its Wholesale Service Quality Plan as specified in, and pursuant to, Subparts B, C, D and E of this Part. Additional submissions shall be made each time a Level 1 carrier's wholesale service quality plan is amended. With each submission, the Level 1 carrier shall include a brief explanation of any changes to the plan. For any submission due after September 15, 2004, if a Level 1 carrier proposes to maintain, without any additions, deletions or modifications, its existing wholesale service quality plan, the Level 1 carrier may file a submission to the Manager of the Telecommunications Division, in the form of a verified statement establishing that it proposes to maintain its existing plan in effect, without any additions, deletions or modifications.

b)                  Any carrier designated by the Commission as a Level 1 carrier pursuant to Section 731.110 or 731.635 shall submit to the Manager of the Telecommunications 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 shall be served on the Manager of the Telecommunications 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.