Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 5.3.7.1 <<customer_name>> may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> 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 <<customer_name>> requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> shall provide to BellSouth a letter certifying that <<customer_name>> 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 <<customer_name>> seeks to qualify for conversion of special access circuits. <<customer_name>> 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 <<customer_name>> certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>’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, <<customer_name>> is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> 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 <<customer_name>> 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 <<customer_name>>’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 <<customer_name>> 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. <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> 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 <<customer_name>>’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>. 5.3.7.4 <<customer_name>> 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 <<customer_name>> SouthEast may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- SouthEast self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> 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 <<customer_name>> SouthEast requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> SouthEast shall provide to BellSouth a letter certifying that <<customer_name>> 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 <<customer_name>> SouthEast seeks to qualify for conversion of special access circuits. <<customer_name>> 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 <<customer_name>> SouthEast certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>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, <<customer_name>> SouthEast is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> SouthEast 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 <<customer_name>> 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-loop- transport combination must terminate at <<customer_name>>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 <<customer_name>> 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> 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 <<customer_name>>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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> SouthEast shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>SouthEast. 5.3.7.4 <<customer_name>> 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 <<customer_name>> 8.3.5.1 ITC^DeltaCom may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- ITC^DeltaCom self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> ITC^DeltaCom 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 <<customer_name>> ITC^DeltaCom requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> ITC^DeltaCom shall provide to BellSouth a letter certifying that <<customer_name>> ITC^DeltaCom 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 <<customer_name>> ITC^DeltaCom seeks to qualify for conversion of special access circuits. <<customer_name>> ITC^DeltaCom 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 <<customer_name>> 8.3.5.1.1 ITC^DeltaCom certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>ITC^DeltaCom’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-transport combinations to be connected to 4 States Attachment 2 Clean 12-17-01 BellSouth’s tariffed services. Under this option, <<customer_name>> ITC^DeltaCom is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> ITC^DeltaCom 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 <<customer_name>> 8.3.5.1.2 ITC^DeltaCom 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 <<customer_name>>ITC^DeltaCom’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 <<customer_name>> 8.3.5.1.3 ITC^DeltaCom certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone dial-tone service and at least 50 percent of the traffic on each of these local dialtone dial-tone 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. <<customer_name>> ITC^DeltaCom 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 8.3.5.2 In addition, there may be extraordinary circumstances where <<customer_name>> ITC^DeltaCom is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.38.3.5.1.1, 8.3.5.1.2, 8. 7.1. In such case, <<customer_name>> 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 <<customer_name>>’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>. 5.3.7.4 <<customer_name>> 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 <<customer_name>> 5.3.6.1 IDS may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- IDS self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> IDS 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 <<customer_name>> IDS requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> IDS shall provide to BellSouth a letter certifying that <<customer_name>> IDS 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 <<customer_name>> IDS seeks to qualify for conversion of special access circuits. <<customer_name>> IDS 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 <<customer_name>> IDS certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>’s IDS’ 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, <<customer_name>> IDS is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> IDS 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 <<customer_name>> IDS 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 dial tone 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 <<customer_name>>’s IDS’ 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 <<customer_name>> IDS certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone dial tone service and at least 50 percent of the traffic on each of these local dialtone dial tone 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. <<customer_name>> IDS 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 <<customer_name>> IDS 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, <<customer_name>> IDS 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 <<customer_name>>’s IDS’ 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 <<customer_name>> IDS 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 <<customer_name>> IDS 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, <<customer_name>> IDS shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> IDS 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 <<customer_name>>. 5.3.7.4 <<customer_name>> 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.Interconnection

Special Access Service Conversions. 5.3.7.1 <<customer_name>> CLEC-1 may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- CLEC-1 self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> 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 <<customer_name>> CLEC-1 requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> CLEC-1 shall provide to BellSouth a letter certifying that <<customer_name>> 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 <<customer_name>> CLEC-1 seeks to qualify for conversion of special access circuits. <<customer_name>> 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 <<customer_name>> CLEC-1 certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>CLEC-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, <<customer_name>> CLEC-1 is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> CLEC-1 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 <<customer_name>> 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-loop- transport combination must terminate at <<customer_name>>CLEC-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 <<customer_name>> 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> 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 <<customer_name>>CLEC-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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> CLEC-1 shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>CLEC-1. 5.3.7.4 <<customer_name>> 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 <<customer_name>> Choctaw may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- Choctaw self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> 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 <<customer_name>> Choctaw requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> Choctaw shall provide to BellSouth a letter certifying that <<customer_name>> 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 <<customer_name>> Choctaw seeks to qualify for conversion of special access circuits. <<customer_name>> 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 <<customer_name>> Choctaw certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>Choctaw’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, <<customer_name>> Choctaw is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> Choctaw 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 <<customer_name>> 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 <<customer_name>>Choctaw’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 <<customer_name>> 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> 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 <<customer_name>>Choctaw’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> Choctaw shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>Choctaw. 5.3.7.4 <<customer_name>> 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 <<customer_name>> 1.2.5.1 ITC^DeltaCom may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- ITC^DeltaCom self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> ITC^DeltaCom 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 <<customer_name>> ITC^DeltaCom requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> ITC^DeltaCom shall provide to BellSouth a letter certifying that <<customer_name>> ITC^DeltaCom 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 <<customer_name>> ITC^DeltaCom seeks to qualify for conversion of special access circuits. <<customer_name>> ITC^DeltaCom 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 <<customer_name>> 1.2.5.1.1 ITC^DeltaCom certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>ITC^DeltaCom’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, <<customer_name>> ITC^DeltaCom is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> ITC^DeltaCom 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 <<customer_name>> 1.2.5.1.2 ITC^DeltaCom 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 <<customer_name>>ITC^DeltaCom’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 <<customer_name>> 1.2.5.1.3 ITC^DeltaCom certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone dial-tone service and at least 50 percent of the traffic on each of these local dialtone dial-tone 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. <<customer_name>> ITC^DeltaCom 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 1.2.5.2 In addition, there may be extraordinary circumstances where <<customer_name>> ITC^DeltaCom is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.31.2.5.1.1, 1.2.5.1.2, 1. 7.1. In such case, <<customer_name>> 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 <<customer_name>>’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>. 5.3.7.4 <<customer_name>> 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 <<customer_name>> Choctaw may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- Choctaw self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> 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 <<customer_name>> Choctaw requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> Choctaw shall provide to BellSouth a letter certifying that <<customer_name>> 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 <<customer_name>> Choctaw seeks to qualify for conversion of special access circuits. <<customer_name>> 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 <<customer_name>> Choctaw certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>Choctaw’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, <<customer_name>> Choctaw is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> Choctaw 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 <<customer_name>> 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 <<customer_name>>Choctaw’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 <<customer_name>> 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> 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 <<customer_name>>Choctaw’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> Choctaw shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>Choctaw. 5.3.7.4 <<customer_name>> 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 <<customer_name>> 5.3.6.1 IDS may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- IDS self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> IDS 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 <<customer_name>> IDS requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> IDS shall provide to BellSouth a letter certifying that <<customer_name>> IDS 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 <<customer_name>> IDS seeks to qualify for conversion of special access circuits. <<customer_name>> IDS 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 <<customer_name>> IDS certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>’s IDS’ 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, <<customer_name>> IDS is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> IDS 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 <<customer_name>> IDS 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 dial tone 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 <<customer_name>>’s IDS’ 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 <<customer_name>> IDS certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone dial tone service and at least 50 percent of the traffic on each of these local dialtone dial tone 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. <<customer_name>> IDS 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 <<customer_name>> IDS 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, <<customer_name>> IDS 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 <<customer_name>>’s IDS’ 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 <<customer_name>> IDS 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 <<customer_name>> IDS 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, <<customer_name>> IDS shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> IDS 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 <<customer_name>>IDS. 5.3.7.4 <<customer_name>> IDS 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 <<customer_name>> NEW EDGE NETWORKS may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- NEW EDGE NETWORKS self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>> NEW EDGE NETWORKS requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> NEW EDGE NETWORKS shall provide to BellSouth a letter certifying that <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>> NEW EDGE NETWORKS seeks to qualify for conversion of special access circuits. <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>> NEW EDGE NETWORKS certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>NEW EDGE NETWORKS’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, <<customer_name>> NEW EDGE NETWORKS is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>>NEW EDGE NETWORKS’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 <<customer_name>> NEW EDGE NETWORKS 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. <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>> NEW EDGE NETWORKS 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, <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>>NEW EDGE NETWORKS’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 <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>> NEW EDGE NETWORKS 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, <<customer_name>> NEW EDGE NETWORKS shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>>NEW EDGE NETWORKS. 5.3.7.4 <<customer_name>> NEW EDGE NETWORKS 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 <<customer_name>> Knology may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- Knology self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> 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 <<customer_name>> Knology requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> Knology shall provide to BellSouth a letter certifying that <<customer_name>> 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 <<customer_name>> Knology seeks to qualify for conversion of special access circuits. <<customer_name>> 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 <<customer_name>> Knology certifies that it is the exclusive provider of an end user’s 's local exchange service. The loop-transport combinations must terminate at <<customer_name>>’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, <<customer_name>> Knology is the end user’s 's only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> Knology 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 <<customer_name>> 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-transport combination must terminate at <<customer_name>>’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 <<customer_name>> 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. <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> 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 <<customer_name>>’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>. 5.3.7.4 <<customer_name>> 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 <<customer_name>> 8.3.5.1 ITC/\DeltaCom may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- ITC/\DeltaCom self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> ITC/\DeltaCom 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 <<customer_name>> ITC/\DeltaCom requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> ITC/\DeltaCom shall provide to BellSouth a letter certifying that <<customer_name>> ITC/\DeltaCom 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 <<customer_name>> ITC/\DeltaCom seeks to qualify for conversion of special access circuits. <<customer_name>> ITC/\DeltaCom 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 <<customer_name>> 8.3.5.1.1 ITC/\DeltaCom certifies that it is the exclusive provider of an end user’s 's local exchange service. The loop-transport combinations must terminate at <<customer_name>>’s ITC/\DeltaCom'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, <<customer_name>> ITC/\DeltaCom is the end user’s 's only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> ITC/\DeltaCom 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 <<customer_name>> 8.3.5.1.2 ITC/\DeltaCom 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-transport combination must terminate at <<customer_name>>’s ITC/\DeltaCom'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 <<customer_name>> 8.3.5.1.3 ITC/\DeltaCom certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone dial-tone service and at least 50 percent of the traffic on each of these local dialtone dial-tone 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 's tariffed services. Under this option, collocation is not required. <<customer_name>> ITC/\DeltaCom does not need to provide a defined portion of the end user’s '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 8.3.5.2 In addition, there may be extraordinary circumstances where <<customer_name>> ITC/\DeltaCom is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.38.3.5.1.1, 8.3.5.1.2, 8. 7.1. In such case, <<customer_name>> 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 <<customer_name>>’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>. 5.3.7.4 <<customer_name>> 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 <<customer_name>> LINEDRIVE may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- LINEDRIVE self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> 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 <<customer_name>> LINEDRIVE requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> LINEDRIVE shall provide to BellSouth a letter certifying that <<customer_name>> 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 <<customer_name>> LINEDRIVE seeks to qualify for conversion of special access circuits. <<customer_name>> 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 <<customer_name>> LINEDRIVE certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>LINEDRIVE’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, <<customer_name>> LINEDRIVE is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> LINEDRIVE 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 <<customer_name>> 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-transport combination must terminate at <<customer_name>>LINEDRIVE’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 <<customer_name>> 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> 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 <<customer_name>>LINEDRIVE’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 <<customer_name>> 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 <<customer_name>> 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, <<customer_name>> LINEDRIVE shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> 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 <<customer_name>>LINEDRIVE. 5.3.7.4 <<customer_name>> 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 <<customer_name>> NOW may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- NOW self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> NOW 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 <<customer_name>> NOW requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> NOW shall provide to BellSouth a letter certifying that <<customer_name>> NOW 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 <<customer_name>> NOW seeks to qualify for conversion of special access circuits. <<customer_name>> NOW 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 <<customer_name>> NOW certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>NOW’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, <<customer_name>> NOW is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> NOW 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 <<customer_name>> NOW 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 <<customer_name>>NOW’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 <<customer_name>> NOW 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. <<customer_name>> NOW 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 <<customer_name>> NOW 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, <<customer_name>> NOW 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 <<customer_name>>NOW’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 <<customer_name>> NOW 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 <<customer_name>> NOW 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, <<customer_name>> NOW shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> NOW 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 <<customer_name>>NOW. 5.3.7.4 <<customer_name>> NOW 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.