Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 5.3.7.1 SouthEast may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast shall provide to BellSouth a letter certifying that SouthEast is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast seeks to qualify for conversion of special access circuits. SouthEast shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEast’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- transport combination must terminate at SouthEast’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEast’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEast. 5.3.7.4 SouthEast may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Global Connection may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast self-Global Connection self- provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Global Connection uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Global Connection requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Global Connection shall provide to BellSouth a letter certifying that SouthEast Global Connection is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Global Connection seeks to qualify for conversion of special access circuits. SouthEast Global Connection shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.7.2 Global Connection certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastGlobal Connection’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Global Connection is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Global Connection can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.7.3 Global Connection certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastGlobal Connection’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.7.4 Global Connection certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Global Connection does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-loop- transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.7.5 In addition, there may be extraordinary circumstances where SouthEast Global Connection is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.15.3.7. In such case, SouthEast Global Connection may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastGlobal Connection’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.7.6 BellSouth may at its sole discretion audit SouthEast Global Connection records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Global Connection shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Global Connection shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Global Connection is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastGlobal Connection. 5.3.7.4 SouthEast 5.3.7.7 Global Connection may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast 5.3.6.1 Lightyear may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Lightyear self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Lightyear uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Lightyear requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Lightyear shall provide to BellSouth a letter certifying certification that SouthEast Lightyear is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Lightyear seeks to qualify for conversion of special access circuits. SouthEast Lightyear shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.6.2 Lightyear certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastLightyear’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Lightyear is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Lightyear can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.6.3 Lightyear certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastLightyear’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.6.4 Lightyear certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Lightyear does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.6.5 In addition, there may be extraordinary circumstances where SouthEast Lightyear is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.15.3.6. In such case, SouthEast Lightyear may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastLightyear’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.6.6 BellSouth may at its sole discretion audit SouthEast Lightyear records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Lightyear shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Lightyear shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Lightyear is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastLightyear. 5.3.7.4 SouthEast 5.3.6.7 Lightyear may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast 5.3.6.1 Comm South may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Comm South self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Comm South uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Comm South requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Comm South shall provide to BellSouth a letter certifying certification that SouthEast Comm South is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Comm South seeks to qualify for conversion of special access circuits. SouthEast Comm South shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.6.2 Comm South certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastComm South’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Comm South is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Comm South can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.6.3 Comm South certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastComm South’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.6.4 Comm South certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Comm South does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-loop- transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.6.5 In addition, there may be extraordinary circumstances where SouthEast Comm South is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.15.3.6. In such case, SouthEast Comm South may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastComm South’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.6.6 BellSouth may at its sole discretion audit SouthEast Comm South records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Comm South shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Comm South shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Comm South is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastComm South. 5.3.7.4 SouthEast 5.3.6.7 Comm South may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast CLEC-1 may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast CLEC-1 self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast CLEC-1 uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast CLEC-1 requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast CLEC-1 shall provide to BellSouth a letter certifying that SouthEast CLEC-1 is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast CLEC-1 seeks to qualify for conversion of special access circuits. SouthEast CLEC-1 shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast CLEC-1 certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastCLEC-1’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast CLEC-1 is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast CLEC-1 can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast CLEC-1 certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- transport combination must terminate at SouthEastCLEC-1’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast CLEC-1 certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast CLEC-1 does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast CLEC-1 is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast CLEC-1 may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastCLEC-1’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast CLEC-1 records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast CLEC-1 shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast CLEC-1 shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast CLEC-1 is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastCLEC-1. 5.3.7.4 SouthEast CLEC-1 may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Choctaw may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Choctaw self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Choctaw uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Choctaw requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Choctaw shall provide to BellSouth a letter certifying that SouthEast Choctaw is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Choctaw seeks to qualify for conversion of special access circuits. SouthEast Choctaw shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast Choctaw certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastChoctaw’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Choctaw is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Choctaw can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast Choctaw certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastChoctaw’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast Choctaw certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Choctaw does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast Choctaw is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast Choctaw may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastChoctaw’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast Choctaw records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Choctaw shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Choctaw shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Choctaw is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastChoctaw. 5.3.7.4 SouthEast Choctaw may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast API may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast API self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast API uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast API requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast API shall provide to BellSouth a letter certifying that SouthEast API is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast API seeks to qualify for conversion of special access circuits. SouthEast API shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast API certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastAPI’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast API is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast API can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast API certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastAPI’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast API certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-loop- transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast API does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast API is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast API may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastAPI’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast API records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast API shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast API shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast API is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastAPI. 5.3.7.4 SouthEast API may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast 5.3.5.1 VarTec may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast VarTec self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast VarTec uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast VarTec requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast VarTec shall provide to BellSouth a letter certifying that SouthEast VarTec is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast VarTec seeks to qualify for conversion of special access circuits. SouthEast VarTec shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.5.2 VarTec certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastVarTec’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast VarTec is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast VarTec can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.5.3 VarTec certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastVarTec’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.5.4 VarTec certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast VarTec does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.5.5 In addition, there may be extraordinary circumstances where SouthEast XxxXxx is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast VarTec may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastXxxXxx’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.5.6 BellSouth may at its sole discretion audit SouthEast VarTec records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEast. 5.3.7.4 SouthEast may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.the

Special Access Service Conversions. 5.3.7.1 SouthEast LINEDRIVE may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast LINEDRIVE self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast LINEDRIVE uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast LINEDRIVE requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast LINEDRIVE shall provide to BellSouth a letter certifying that SouthEast LINEDRIVE is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast LINEDRIVE seeks to qualify for conversion of special access circuits. SouthEast LINEDRIVE shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast LINEDRIVE certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastLINEDRIVE’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-loop- transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast LINEDRIVE is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast LINEDRIVE can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast LINEDRIVE certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-loop- transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastLINEDRIVE’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast LINEDRIVE certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast LINEDRIVE does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast LINEDRIVE is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.the 7.1. In such case, SouthEast LINEDRIVE may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastLINEDRIVE’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast LINEDRIVE records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast LINEDRIVE shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast LINEDRIVE shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast LINEDRIVE is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastLINEDRIVE. 5.3.7.4 SouthEast LINEDRIVE may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Money To Go may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Money To Go self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Money To Go uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Money To Go requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Money To Go shall provide to BellSouth a letter certifying that SouthEast Money To Go is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Money To Go seeks to qualify for conversion of special access circuits. SouthEast Money To Go shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.7.2 Money To Go certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastMoney To Go’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Money To Go is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Money To Go can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.7.3 Money To Go certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastMoney To Go’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.7.4 Money To Go certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Money To Go does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-loop- transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.7.5 In addition, there may be extraordinary circumstances where SouthEast Money To Go is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.15.3.7. In such case, SouthEast Money To Go may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastMoney To Go’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.7.6 BellSouth may at its sole discretion audit SouthEast Money To Go records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Money To Go shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Money To Go shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Money To Go is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastMoney To Go. 5.3.7.4 SouthEast 5.3.7.7 Money To Go may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast North Star Telecom may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast self-North Star Telecom self- provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast North Star Telecom uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast North Star Telecom requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast North Star Telecom shall provide to BellSouth a letter certifying that SouthEast North Star Telecom is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast North Star Telecom seeks to qualify for conversion of special access circuits. SouthEast North Star Telecom shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.7.2 North Star Telecom certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastNorth Star Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast North Star Telecom is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast North Star Telecom can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.7.3 North Star Telecom certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastNorth Star Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.7.4 North Star Telecom certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast North Star Telecom does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-loop- transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.7.5 In addition, there may be extraordinary circumstances where SouthEast North Star Telecom is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.15.3.7. In such case, SouthEast North Star Telecom may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastNorth Star Telecom’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.7.6 BellSouth may at its sole discretion audit SouthEast North Star Telecom records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast North Star Telecom shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast North Star Telecom shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast North Star Telecom is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastNorth Star Telecom. 5.3.7.4 SouthEast 5.3.7.7 North Star Telecom may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast 5.3.6.1 Oronoco may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Oronoco self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Oronoco uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Oronoco requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Oronoco shall provide to BellSouth a letter certifying certification that SouthEast Oronoco is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Oronoco seeks to qualify for conversion of special access circuits. SouthEast Oronoco shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.6.2 Oronoco certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastOronoco’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Oronoco is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Oronoco can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.6.3 Oronoco certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastOronoco’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.6.4 Oronoco certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Oronoco does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.6.5 In addition, there may be extraordinary circumstances where SouthEast Oronoco is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.15.3.6. In such case, SouthEast Oronoco may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastOronoco’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.6.6 BellSouth may at its sole discretion audit SouthEast Oronoco records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Oronoco shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Oronoco shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Oronoco is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastOronoco. 5.3.7.4 SouthEast 5.3.6.7 Oronoco may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast NAS may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast NAS self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast NAS uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast NAS requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast NAS shall provide to BellSouth a letter certifying that SouthEast NAS is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast NAS seeks to qualify for conversion of special access circuits. SouthEast NAS shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast NAS certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastNAS’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast NAS is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast NAS can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast NAS certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastNAS’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-loop- transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast NAS certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast NAS does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast NAS is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast NAS may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastNAS’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast NAS records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast NAS shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast NAS shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast NAS is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastNAS. 5.3.7.4 SouthEast NAS may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast 5.3.5.1 VarTec may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast VarTec self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast VarTec uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast VarTec requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast VarTec shall provide to BellSouth a letter certifying that SouthEast VarTec is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast VarTec seeks to qualify for conversion of special access circuits. SouthEast VarTec shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.5.2 VarTec certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastVarTec’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast VarTec is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast VarTec can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.5.3 VarTec certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastVarTec’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.5.4 VarTec certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast VarTec does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.5.5 In addition, there may be extraordinary circumstances where SouthEast VarTec is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast VarTec may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastVarTec’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.5.6 BellSouth may at its sole discretion audit SouthEast VarTec records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast VarTec shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast VarTec shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast VarTec is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastVarTec. 5.3.7.4 SouthEast 5.3.5.7 VarTec may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Edge Connections may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Edge Connections self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Edge Connections uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Edge Connections requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Edge Connections shall provide to BellSouth a letter certifying that SouthEast Edge Connections is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Edge Connections seeks to qualify for conversion of special access circuits. SouthEast Edge Connections shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast Edge Connections certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastEdge Connections’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Edge Connections is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Edge Connections can then use the loop-loop- transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast Edge Connections certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastEdge Connections’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast Edge Connections certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-loop- transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Edge Connections does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast Edge Connections is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast Edge Connections may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastEdge Connections’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast Edge Connections records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Edge Connections shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Edge Connections shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Edge Connections is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEast.and 5.3.7.4 SouthEast Edge Connections may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Global Crossing may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Global Crossing self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Global Crossing uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Global Crossing requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Global Crossing shall provide to BellSouth a letter certifying that SouthEast Global Crossing is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Global Crossing seeks to qualify for conversion of special access circuits. SouthEast Global Crossing shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast Global Crossing certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastGlobal Crossing’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Global Crossing is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Global Crossing can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast Global Crossing certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastGlobal Crossing’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast Global Crossing certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-loop- transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Global Crossing does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast Global Crossing is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast Global Crossing may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastGlobal Crossing’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast Global Crossing records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Global Crossing shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Global Crossing shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Global Crossing is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastGlobal Crossing. 5.3.7.4 SouthEast Global Crossing may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Knology may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Knology self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Knology uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Knology requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Knology shall provide to BellSouth a letter certifying that SouthEast Knology is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Knology seeks to qualify for conversion of special access circuits. SouthEast Knology shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast Knology certifies that it is the exclusive provider of an end user’s 's local exchange service. The loop-transport combinations must terminate at SouthEast’s Knology's collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s 's tariffed services. Under this option, SouthEast Knology is the end user’s 's only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Knology can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast Knology certifies that it provides local exchange and exchange access service to the end user customer’s 's premises and handles at least one third of the end user customer’s 's local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEast’s Knology's collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEast’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEast. 5.3.7.4 SouthEast may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Community may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Community self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Community uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Community requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Community shall provide to BellSouth a letter certifying that SouthEast Community is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Community seeks to qualify for conversion of special access circuits. SouthEast Community shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast Community certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastCommunity’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Community is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Community can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast Community certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastCommunity’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast Community certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Community does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-loop- transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast Community is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast Community may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastCommunity’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast Community records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Community shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Community shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Community is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastCommunity. 5.3.7.4 SouthEast Community may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast 5.3.6.1 Creative Telecom may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Creative Telecom self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Creative Telecom uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Creative Telecom requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Creative Telecom shall provide to BellSouth a letter certifying certification that SouthEast Creative Telecom is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Creative Telecom seeks to qualify for conversion of special access circuits. SouthEast Creative Telecom shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.6.2 Creative Telecom certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastCreative Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Creative Telecom is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Creative Telecom can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.6.3 Creative Telecom certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastCreative Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.6.4 Creative Telecom certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Creative Telecom does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-loop- transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.6.5 In addition, there may be extraordinary circumstances where SouthEast Creative Telecom is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.15.3.6. In such case, SouthEast Creative Telecom may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastCreative Telecom’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 5.3.6.6 BellSouth may at its sole discretion audit SouthEast Creative Telecom records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Creative Telecom shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Creative Telecom shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Creative Telecom is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection AgreementGeneral Terms and Conditions. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastCreative Telecom. 5.3.7.4 SouthEast 5.3.6.7 Creative Telecom may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast DSL Telecom may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast DSL Telecom self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast DSL Telecom uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast DSL Telecom requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast DSL Telecom shall provide to BellSouth a letter certifying that SouthEast DSL Telecom is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast DSL Telecom seeks to qualify for conversion of special access circuits. SouthEast DSL Telecom shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast DSL Telecom certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastDSL Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast DSL Telecom is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast DSL Telecom can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast DSL Telecom certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastDSL Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast DSL Telecom certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-loop- transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast DSL Telecom does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast DSL Telecom is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast DSL Telecom may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastDSL Telecom’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast DSL Telecom records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast DSL Telecom shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast DSL Telecom shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast DSL Telecom is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastDSL Telecom. 5.3.7.4 SouthEast DSL Telecom may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast 5.3.6.1 Navigator may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Navigator self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Navigator uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Navigator requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Navigator shall provide to BellSouth a letter certifying certification that SouthEast Navigator is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Navigator seeks to qualify for conversion of special access circuits. SouthEast Navigator shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast 5.3.6.2 Navigator certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastNavigator’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Navigator is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Navigator can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast 5.3.6.3 Navigator certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEastNavigator’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast 5.3.6.4 Navigator certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Navigator does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 5.3.6.5 In addition, there may be extraordinary circumstances where SouthEast Navigator is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEast’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEast. 5.3.7.4 SouthEast may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast DSL Telecom may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast DSL Telecom self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast DSL Telecom uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast DSL Telecom requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast DSL Telecom shall provide to BellSouth a letter certifying that SouthEast DSL Telecom is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast DSL Telecom seeks to qualify for conversion of special access circuits. SouthEast DSL Telecom shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast DSL Telecom certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastDSL Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast DSL Telecom is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast DSL Telecom can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast DSL Telecom certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- transport combination must terminate at SouthEastDSL Telecom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast DSL Telecom certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast DSL Telecom does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-loop- transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast DSL Telecom is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast DSL Telecom may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastDSL Telecom’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast DSL Telecom records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast DSL Telecom shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast DSL Telecom shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast DSL Telecom is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastDSL Telecom. 5.3.7.4 SouthEast DSL Telecom may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Choctaw may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Choctaw self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Choctaw uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Choctaw requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Choctaw shall provide to BellSouth a letter certifying that SouthEast Choctaw is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Choctaw seeks to qualify for conversion of special access circuits. SouthEast Choctaw shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast Choctaw certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastChoctaw’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Choctaw is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Choctaw can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast Choctaw certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- transport combination must terminate at SouthEastChoctaw’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast Choctaw certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Choctaw does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast Choctaw is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast Choctaw may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastChoctaw’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast Choctaw records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Choctaw shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Choctaw shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Choctaw is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastChoctaw. 5.3.7.4 SouthEast Choctaw may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast Rhythms may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast Rhythms self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast Rhythms uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast Rhythms requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast Rhythms shall provide to BellSouth a letter certifying that SouthEast Rhythms is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast Rhythms seeks to qualify for conversion of special access circuits. SouthEast Rhythms shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast Rhythms certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEast’s Rhythms’ collocation arrangement in at least one BellSouth central officeCO. This option does not allow loop-loop- transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast Rhythms is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast Rhythms can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast Rhythms certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. The loop- loop-transport combination must terminate at SouthEast’s Rhythms’ collocation arrangement in at least one BellSouth central officeCO. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast Rhythms certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast Rhythms does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast Rhythms is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast Rhythms may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEast’s Rhythms’ request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 Except as provided below, BellSouth may at its sole cost and discretion audit SouthEast Rhythms records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast Rhythms shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast Rhythms shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast Rhythms is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection this Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastRhythms. 5.3.7.4 SouthEast Rhythms may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 SouthEast API may not convert special access services to combinations of loop and transport network elements, whether or not SouthEast API self-provides its entrance facilities (or obtains entrance facilities from a third party), unless SouthEast API uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent SouthEast API requests to convert any special access services to combinations of loop and transport network elements at UNE prices, SouthEast API shall provide to BellSouth a letter certifying that SouthEast API is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option SouthEast API seeks to qualify for conversion of special access circuits. SouthEast API shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 SouthEast API certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at SouthEastAPI’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, SouthEast API is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. SouthEast API can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 SouthEast API certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- loop-transport combination must terminate at SouthEastAPI’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to BellSouth tariffed services; or 5.3.7.1.3 SouthEast API certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. SouthEast API does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where SouthEast API is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, SouthEast API may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon SouthEastAPI’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.7.3 BellSouth may at its sole discretion audit SouthEast API records in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. The audit shall be conducted by a third party independent auditor, and SouthEast API shall be given thirty days written notice of scheduled audit. Such audit shall occur no more than one time in a calendar year, unless results of an audit find noncompliance with the significant amount of local exchange service requirement. In the event of noncompliance, SouthEast API shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that SouthEast API is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from SouthEastAPI. 5.3.7.4 SouthEast API may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.