Common use of Local Switching Clause in Contracts

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower for the provision of a telecommunications service only in the limited circumstance described below in Section 3.3. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. 7.1 BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 7.1.2 to Mpower New Phone for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower New Phone for the provision of a telecommunications service only in the limited circumstance described below in Section 3.37.1.2. 3.1.1. 7.1.1 Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower New Phone regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. 7.1.2 Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Access One for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Access One for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Access One regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. 7.1 BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 7.1.2 to Mpower Southern Light for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Southern Light for the provision of a telecommunications service only in the limited circumstance described below in Section 3.37.1.2. 3.1.1. 7.1.1 Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Southern Light regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier.. DC01/HEITJ/118622.1 3.1.2. 7.1.2 Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower DV2 for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower DV2 for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower DV2 regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Xxxxx 0 for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Level 3 for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Level 3 regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower ECI for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower ECI for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower ECI regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower EPB for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower EPB for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower EPB regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Lightyear for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Lightyear for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Lightyear regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower NA Communications for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower NA Communications for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower NA Communications regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Pathnet for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Pathnet for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.5. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Pathnet regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Alliance for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Alliance for the provision of a telecommunications service only in the limited circumstance described below in Section 3.3. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Alliance regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower NewSouth for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower NewSouth for the provision of a telecommunications service only in the limited circumstance described below in Section 3.3.3.5.6 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower NewSouth regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower CSI for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower CSI for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower CSI regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower TLX for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower TLX for the provision of a telecommunications service only in the limited circumstance described below in Section 3.3. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower TLX regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Oltronics for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Oltronics for the provision of a telecommunications service only in the limited circumstance described below in Section 3.3. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Oltronics regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower USA Digital for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower USA Digital for the provision of a telecommunications service only in the limited circumstance described below in Section 3.3. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower USA Digital regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Birch for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Birch for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Birch regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Accutel for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Accutel for the provision of a telecommunications service only in the limited circumstance described below in Section 3.3. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Accutel regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower ETS for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower ETS for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower ETS regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Pointecom for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Pointecom for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Pointecom regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Xxxxxxx for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Xxxxxxx for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Xxxxxxx regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. 4.1.1 BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 4.1.3.3 to Mpower PowerNet for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower PowerNet for the provision of a telecommunications service only in the limited circumstance described below in Section 3.34.4. 3.1.1. 4.1.2 Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower PowerNet regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability

Local Switching. BellSouth shall provide non-discriminatory access to local circuit switching capability, and local tandem switching capability, on an unbundled basis, except as set forth below in Section 3.1.3 to Mpower Centennial for the provision of a telecommunications service. BellSouth shall provide non-discriminatory access to packet switching capability on an unbundled basis to Mpower Centennial for the provision of a telecommunications service only in the limited circumstance described below in Section 3.33.3.4.6. 3.1.1. Except as otherwise provided herein, BellSouth shall not impose any restrictions on Mpower Centennial regarding the use of Switching Capabilities purchased from BellSouth provided such use does not result in demonstrable harm to either the BellSouth network or personnel or the use of the BellSouth network by BellSouth or any other telecommunication carrier. 3.1.2. Local Circuit Switching Capability, including Tandem Switching Capability