(1) The Commission, acting on the recommendation of ECTEL, shall designate a public network operator as a dominant interconnection provider in a particular market for telecommunications services if the Commission has determined, after a public consultation process, that a public network operator—
(a) enjoys a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers in a market for telecommunications services; and
(b) it is in the long-term interests of consumers of telecommunications services that the public network operator be so designated.
(2) The Commission shall undertake a consultation process which will commence with a preliminary determination of market dominance and the designation of one or more dominant interconnection providers,
(3) The Commission shall issue its final determination of market dominance no later than 90 days after its preliminary determination of dominance under subregulation (2).
(4) Notwithstanding subregulations (1), (2) and (3), a public network operator may consent to being treated as a dominant interconnection provider solely for the purpose of providing interconnection and filing a reference interconnection offer at the time it files a reference interconnection offer.