Common use of Service Eligibility Criteria Clause in Contracts

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint will have at least one (1) active DS1 local service interconnection trunk over which OnePoint will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePoint’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint failed to comply with the service eligibility criteria, OnePoint must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- forward basis. In the event the auditor’s report concludes that OnePoint did not comply in any material respect with the service eligibility criteria, OnePoint shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint for its reasonable and demonstrable costs associated with the audit. OnePoint will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint converts special access services to UNEs, OnePoint shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint BTI must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint BTI has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint BTI will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint BTI will have at least one (1) active DS1 local service interconnection trunk over which OnePoint BTI will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointBTI’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint BTI failed to comply with the service eligibility criteria, OnePoint BTI must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint BTI did not comply in any material respect with the service eligibility criteria, OnePoint BTI shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint BTI did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint BTI for its reasonable and demonstrable costs associated with the audit. OnePoint BTI will maintain appropriate documentation to support its certifications. 5.3.4.3.1 Notwithstanding the foregoing, if as of the Effective Date of this Agreement, BTI has in place high-capacity EELs that do not comply with the Service Eligibility Criteria set forth herein, and that will not be rearranged pursuant to Section 5.3.5 below, BTI shall identify such EELs and submit orders to either disconnect such EELs or convert such EELs within sixty (60) days of the Effective Date. If as of the Effective Date BTI has in place high-capacity EELs that do not comply with the Service Eligibility Criteria but that will be rearranged pursuant to Section 5.3.5 below, BTI shall have 60 days from the placement of such rearrangement orders to rearrange such non-compliant EELs, so long as the orders are placed within 30 days of the date BellSouth makes available to BTI the process and procedures to place such rearrangement orders. To the extent any non-compliant EELs remain in place after the time periods set forth in this Section, BellSouth shall have the right to take such action as set forth in Section 5.3.4.3 above. 5.3.4.4 In the event OnePoint BTI converts special access services to UNEs, OnePoint BTI shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint BCFL must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint BCFL has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint BCFL will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint BCFL will have at least one (1) active DS1 local service interconnection trunk over which OnePoint BCFL will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointBCFL’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint BCFL failed to comply with the service eligibility criteria, OnePoint BCFL must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint BCFL did not comply in any material respect with the service eligibility criteria, OnePoint BCFL shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint BCFL did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint BCFL for its reasonable and demonstrable costs associated with the audit. OnePoint BCFL will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint BCFL converts special access services to UNEs, OnePoint BCFL shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint GSC must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint GSC has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint GSC will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint GSC will have at least one (1) active DS1 local service interconnection trunk over which OnePoint GSC will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointGSC’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint GSC failed to comply with the service eligibility criteria, OnePoint GSC must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint GSC did not comply in any material respect with the service eligibility criteria, OnePoint GSC shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint GSC did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint GSC for its reasonable and demonstrable costs associated with the audit. OnePoint GSC will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint GSC converts special access services to UNEs, OnePoint GSC shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint FPB must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint FPB has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint FPB will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint FPB will have at least one (1) active DS1 local service interconnection trunk over which OnePoint FPB will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointFPB’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint FPB failed to comply with the service eligibility criteria, OnePoint FPB must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint FPB did not comply in any material respect with the service eligibility criteria, OnePoint FPB shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint FPB did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint FPB for its reasonable and demonstrable costs associated with the audit. OnePoint FPB will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint FPB converts special access services to UNEs, OnePoint FPB shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint NationNET must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint NationNET has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint NationNET will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint NationNET will have at least one (1) active DS1 local service interconnection trunk over which OnePoint NationNET will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointNationNET’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint NationNET failed to comply with the service eligibility criteria, OnePoint NationNET must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- forward basis. In the event the auditor’s report concludes that OnePoint NationNET did not comply in any material respect with the service eligibility criteria, OnePoint NationNET shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint NationNET did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint NationNET for its reasonable and demonstrable costs associated with the audit. OnePoint NationNET will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint NationNET converts special access services to UNEs, OnePoint NationNET shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint ONS must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint ONS has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint ONS will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint ONS will have at least one (1) active DS1 local service interconnection trunk over which OnePoint ONS will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointONS’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint ONS failed to comply with the service eligibility criteria, OnePoint ONS must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint ONS did not comply in any material respect with the service eligibility criteria, OnePoint ONS shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint ONS did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint ONS for its reasonable and demonstrable costs associated with the audit. OnePoint ONS will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint ONS converts special access services to UNEs, OnePoint ONS shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 4.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint NewPhone must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint 4.3.4.1.1 NewPhone has received state certification to provide local voice service in the area being served; 5.3.4.2 4.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 4.3.4.2.1 1) Each circuit to be provided to each End User customer will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 4.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 4.3.4.2.3 3) Each circuit to be provided to each End User customer will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4.3.4.2.4 4) Each circuit to be provided to each End User customer will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 4.3.4.2.5 5) Each circuit to be provided to each End User customer will be served by an interconnection trunk over which OnePoint NewPhone will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 4.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint NewPhone will have at least one (1) active DS1 local service interconnection trunk over which OnePoint NewPhone will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 4.3.4.2.7 7) Each circuit to be provided to each End User customer will be served by a switch capable of switching local voice traffic. 5.3.4.3 . Page 90 of 434 4.3.4.3 BellSouth may, on an annual basis, audit OnePointNewPhone’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint NewPhone failed to comply with the service eligibility criteria, OnePoint NewPhone must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- forward basis. In the event the auditor’s report concludes that OnePoint NewPhone did not comply in any material respect with the service eligibility criteria, OnePoint NewPhone shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint NewPhone did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint NewPhone for its reasonable and demonstrable costs associated with the audit. OnePoint NewPhone will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint converts special access services to UNEs, OnePoint shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint Think 12 must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint Think 12 has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint Think 12 will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint Think 12 will have at least one (1) active DS1 local service interconnection trunk over which OnePoint Think 12 will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointThink 12’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint Think 12 failed to comply with the service eligibility criteria, OnePoint Think 12 must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint Think 12 did not comply in any material respect with the service eligibility criteria, OnePoint Think 12 shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint Think 12 did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint Think 12 for its reasonable and demonstrable costs associated with the audit. OnePoint Think 12 will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint Think 12 converts special access services to UNEs, OnePoint Think 12 shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 4.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint Xxxx must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint 4.3.4.1.1 Xxxx has received state certification to provide local voice service in the area being served; 5.3.4.2 4.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 4.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 4.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 4.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 4.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint Xxxx will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 4.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint Xxxx will have at least one (1) active DS1 local service interconnection trunk over which OnePoint Xxxx will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 4.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 4.3.4.3 BellSouth may, on an annual basis, audit OnePoint’s Xxxx’x records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint Xxxx failed to comply with the service eligibility criteria, OnePoint Xxxx must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint Xxxx did not comply in any material respect with the service eligibility criteria, OnePoint Xxxx shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint Xxxx did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint Xxxx for its reasonable and demonstrable costs associated with the audit. OnePoint Xxxx will maintain appropriate documentation to support its certifications. 5.3.4.4 4.3.4.4 In the event OnePoint Xxxx converts special access services to UNEs, OnePoint Reed shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint ProNet must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint ProNet has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint ProNet will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint ProNet will have at least one (1) active DS1 local service interconnection trunk over which OnePoint ProNet will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointProNet’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint ProNet failed to comply with the service eligibility criteria, OnePoint ProNet must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint ProNet did not comply in any material respect with the service eligibility criteria, OnePoint ProNet shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint ProNet did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint ProNet for its reasonable and demonstrable costs associated with the audit. OnePoint ProNet will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint ProNet converts special access services to UNEs, OnePoint ProNet shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 4.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint NationsLine must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint 4.3.4.1.1 NationsLine has received state certification to provide local voice service in the area being served; 5.3.4.2 4.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 4.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 4.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 4.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 4.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint NationsLine will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 4.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint NationsLine will have at least one (1) active DS1 local service interconnection trunk over which OnePoint NationsLine will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 4.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 4.3.4.3 BellSouth may, on an annual basis, audit OnePointNationsLine’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint NationsLine failed to comply with the service eligibility criteria, OnePoint NationsLine must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- forward basis. In the event the auditor’s report concludes that OnePoint NationsLine did not comply in any material respect with the service eligibility criteria, OnePoint NationsLine shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint NationsLine did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint NationsLine for its reasonable and demonstrable costs associated with the audit. OnePoint NationsLine will maintain appropriate documentation to support its certifications. 5.3.4.4 4.3.4.4 In the event OnePoint NationsLine converts special access services to UNEs, OnePoint NationsLine shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint Home Telecom must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint Home Telecom has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint Home Telecom will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint Home Telecom will have at least one (1) active DS1 local service interconnection trunk over which OnePoint Home Telecom will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointHome Telecom’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint Home Telecom failed to comply with the service eligibility criteria, OnePoint Home Telecom must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- forward basis. In the event the auditor’s report concludes that OnePoint Home Telecom did not comply in any material respect with the service eligibility criteria, OnePoint Home Telecom shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint Home Telecom did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint Home Telecom for its reasonable and demonstrable costs associated with the audit. OnePoint Home Telecom will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint Home Telecom converts special access services to UNEs, OnePoint Home Telecom shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint UTI must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint UTI has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint UTI will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint UTI will have at least one (1) active DS1 local service interconnection trunk over which OnePoint UTI will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointUTI’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint UTI failed to comply with the service eligibility criteria, OnePoint UTI must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint UTI did not comply in any material respect with the service eligibility criteria, OnePoint UTI shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint UTI did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint UTI for its reasonable and demonstrable costs associated with the audit. OnePoint UTI will maintain appropriate documentation to support its certifications. 5.3.4.4 In the event OnePoint UTI converts special access services to UNEs, OnePoint UTI shall be subject to the termination liability provisions in the applicable special access tariffs, if any.

Service Eligibility Criteria. 5.3.4.1 High capacity EELs must comply with the following service eligibility requirements. OnePoint Southern Digital must certify for each high-capacity EEL that all of the following service eligibility criteria are met: 5.3.4.1.1 OnePoint Southern Digital has received state certification to provide local voice service in the area being served; 5.3.4.2 For each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 5.3.4.2.1 1) Each circuit to be provided to each End User will be assigned a local number prior to the provision of service over that circuit; 5.3.4.2.2 2) Each DS1-equivalent circuit on a DS3 EEL must have its own local number assignment so that each DS3 must have at least twenty-eight (28) local voice numbers assigned to it; 5.3.4.2.3 3) Each circuit to be provided to each End User will have 911 or E911 capability prior to provision of service over that circuit; 5.3.4.2.4 4) Each circuit to be provided to each End User will terminate in a collocation arrangement that meets the requirements of 47 C.F.R. § 51.318(c); 5.3.4.2.5 5) Each circuit to be provided to each End User will be served by an interconnection trunk over which OnePoint Southern Digital will transmit the calling party’s number in connection with calls exchanged over the trunk; 5.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, OnePoint Southern Digital will have at least one (1) active DS1 local service interconnection trunk over which OnePoint Southern Digital will transmit the calling party’s number in connection with calls exchanged over the trunk; and 5.3.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable of switching local voice traffic. 5.3.4.3 BellSouth may, on an annual basis, audit OnePointSouthern Digital’s records in order to verify compliance with the qualifying service eligibility criteria. The audit shall be conducted by a third party independent auditor, and the audit must be performed in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA). To the extent the independent auditor’s report concludes that OnePoint Southern Digital failed to comply with the service eligibility criteria, OnePoint Southern Digital must true-up any difference in payments, convert all noncompliant circuits to the appropriate service, and make the correct payments on a going- going-forward basis. In the event the auditor’s report concludes that OnePoint Southern Digital did not comply in any all material respect respects with the service eligibility criteria, OnePoint Southern Digital shall reimburse BellSouth for the cost of the independent auditor. To the extent the auditor’s report concludes that OnePoint Southern Digital did comply in all material respects with the service eligibility criteria, BellSouth will reimburse OnePoint Southern Digital for its reasonable and demonstrable costs associated with the audit. OnePoint Southern Digital will maintain appropriate documentation to support its certifications. 5.3.4.3.1 Notwithstanding the foregoing, if as of the Effective Date of this Agreement, Southern Digital has in place high-capacity EELs that do not comply with the Service Eligibility Criteria set forth herein, and that will not be rearranged pursuant to Section 5.3.5 below, Southern Digital shall identify such EELs and submit orders to either disconnect such EELs or convert such EELs within sixty (60) days of the Effective Date. If as of the Effective Date Southern Digital has in place high-capacity EELs that do not comply with the Service Eligibility Criteria but that will be rearranged pursuant to Section 5.3.5 below, Southern Digital shall have 60 days from the placement of such rearrangement orders to rearrange such non- compliant EELs, so long as the orders are placed within 30 days of the date BellSouth makes available to Southern Digital the process and procedures to place such rearrangement orders. To the extent any non-compliant EELs remain in place after the time periods set forth in this Section, BellSouth shall have the right to take such action as set forth in Section 5.3.4.3 above. 5.3.4.4 In the event OnePoint Southern Digital converts special access services to UNEs, OnePoint Southern Digital shall be subject to the termination liability provisions in the applicable special access tariffs, if any.