Common use of EEL Eligibility Criteria Clause in Contracts

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at EmbarqCenturyLink’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq CenturyLink is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq CenturyLink is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq CenturyLink for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq CenturyLink has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq CenturyLink will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq CenturyLink if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq CenturyLink may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to EmbarqCenturyLink’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-DS1- equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-DS1- equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- twenty-eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-non- compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s CenturyLink‟s premises within the same LATA as the CLEC’s customer’s CLEC‟s customer‟s premises, when Embarq CenturyLink is not the collocator; or (B) a collocation located at a third party’s party‟s premises within the same LATA as the CLEC’s customer’s CLEC‟s customer‟s premises, when Embarq CenturyLink is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s party‟s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq CenturyLink for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq CenturyLink has the right, upon thirty (30) Days notice, to audit CLEC’s CLEC‟s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq CenturyLink will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq CenturyLink if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq CenturyLink may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s CenturyLink‟s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements:requirements:‌ (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- eight (28) local voice numbers assigned to it;it;‌ (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) a. CLEC must have state State certification to provide local voice service in the area being served by the EEL or, in the absence of a state State certification requirement, CLEC must have complied with registration, tariffingTariffing, filing fee, or other regulatory requirement s requirements applicable to the provision of local voice service in the area servedserved by the EEL; (b) The b. At the time of ordering and continually for the period in service, the following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL:; (i) 1. Each circuit to be provided to each CLEC customer customer, including each DS1 and each DS1- equivalent on a DS3 EEL, must be assigned one local number prior to the provision of service over the circuit; (ii) 2. Each DS1-equivalent circuit on a DS3 EEL or on any other High-Capacity EEL must have its own local telephone number assignment, so that each DS3 circuit has up to twenty- eight (28) at least 28 local voice telephone numbers assigned to it; (iii) 3. Each circuit to be provided by CLEC to each customer must provide End User will have 911 or E911 capability prior to the provision of service over the that circuit; (iv) 4. Each circuit to be provided to each customer End User must terminate into a collocation Collocation that meets one of the following requirements:; (A) a. a collocation Collocation established pursuant to §251(c)(6) of the Act and located at EmbarqCenturyLink’s premises Premises within the same LATA as the CLEC’s customerEnd User’s premisesPremises, when Embarq CenturyLink is not the collocator; b. CLEC’s Collocation arrangement cannot be located at an Interexchange Carrier Point of Presence (POP) or an ISP POP; or (B) c. a collocation Collocation located at a third party’s premises Premises within the same LATA as the CLEC’s customerEnd User’s premisesPremises, when Embarq CenturyLink is the collocator. (v) 5. For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk Interconnection Trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection Interconnection arrangement with Embarq CenturyLink for the meaningful exchange of Local Traffic that flows in both directions, such interconnection Interconnection arrangement shall not satisfy this criteria, and (vi) 6. Each circuit to be provided to each customer End User will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- twenty-eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CoastCom – ICRA: OR – Eff: 05/20/08 57 CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- twenty-eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third third-party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, and (vi) Each circuit to be provided to each customer will be served by a switch Switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) CLEC must have state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, CLEC must have complied with registration, tariffing, filing fee, or other regulatory requirement s applicable to the provision of local voice service in the area served; (b) The following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-DS1- equivalent circuit on a DS3 EEL: (i) Each circuit to be provided to each CLEC customer must be assigned one local number prior to the provision of service over the circuit; (ii) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment, so that each DS3 has up to twenty- twenty-eight (28) local voice numbers assigned to it; (iii) Each circuit to be provided to each customer must provide 911 or E911 capability prior to the provision of service over the circuit; (iv) Each circuit to be provided to each customer must terminate into a collocation that meets one of the following requirements: (A) a collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is not the collocator; or (B) a collocation located at a third party’s premises within the same LATA as the CLEC’s customer’s premises, when Embarq is the collocator. (v) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk and CLEC is required to transmit the calling party’s number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection arrangement with Embarq for the meaningful exchange of Local Traffic that flows in both directions, such interconnection arrangement shall not satisfy this criteria, andand‌ (vi) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-non- compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.

EEL Eligibility Criteria. (a) a. CLEC must have state State certification to provide local voice service in the area being served by the EEL or, in the absence of a state State certification requirement, CLEC must have complied with registration, tariffingTariffing, filing fee, or other regulatory requirement s requirements applicable to the provision of local voice service in the area servedserved by the EEL; (b) The b. At the time of ordering and continually for the period in service, the following criteria must be satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL:; (i) 1. Each circuit to be provided to each CLEC customer customer, including each DS1 and each DS1-equivalent on a DS3 EEL, must be assigned one local number prior to the provision of service over the circuit; (ii) 2. Each DS1-equivalent circuit on a DS3 EEL or on any other High- Capacity EEL must have its own local telephone number assignment, so that each DS3 circuit has up to twenty- eight (28) at least 28 local voice telephone numbers assigned to it; (iii) 3. Each circuit to be provided by CLEC to each customer must provide End User will have 911 or E911 capability prior to the provision of service over the that circuit; (iv) 4. Each circuit to be provided to each customer End User must terminate into a collocation Collocation that meets one of the following requirements:; (A) a. a collocation Collocation established pursuant to §251(c)(6) of the Act and located at Embarq’s premises Brightspeed's Premises within the same LATA as the CLEC’s customer’s premises's End User's Premises, when Embarq Brightspeed is not the collocator; b. CLEC's Collocation arrangement cannot be located at an Interexchange Carrier Point of Presence (POP) or an ISP POP; or (B) c. a collocation Collocation located at a third party’s premises 's Premises within the same LATA as the CLEC’s customer’s premises's End User's Premises, when Embarq Brightspeed is the collocator. (v) 5. For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC must maintain at least one active DS1 local service interconnection trunk Interconnection Trunk and CLEC is required to transmit the calling party’s 's number in connection with calls exchanged over each trunk. Where CLEC does not establish an interconnection Interconnection arrangement with Embarq Brightspeed for the meaningful exchange of Local Traffic that flows in both directions, such interconnection Interconnection arrangement shall not satisfy this criteria, and (vi) 6. Each circuit to be provided to each customer End User will be served by a switch capable of switching local voice traffic. (c) Embarq has the right, upon thirty (30) Days notice, to audit CLEC’s compliance with the service eligibility criteria defined by the FCC and as set forth above. Embarq will hire and pay for an independent auditor to perform the audit. CLEC will reimburse Embarq if the audit report concludes that CLEC failed to materially comply with the service eligibility criteria. Embarq may request one audit in a calendar year. In the instance of non-compliance, CLEC shall true-up any difference in payments, convert the non-compliant circuit to the appropriate service and make accurate payments going forward. These audit rights are in addition to Embarq’s audit rights in Part B of this Agreement.