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>> 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>> 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>> 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.

Special Access Service Conversions. 5.3.7.1 <<customer_name>> MRC may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- MRC self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> MRC 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>> MRC requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> MRC shall provide to BellSouth a letter certifying that <<customer_name>> MRC 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>> MRC seeks to qualify for conversion of special access circuits. <<customer_name>> MRC 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>> MRC certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>MRC’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>> MRC is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> MRC 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>> MRC 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-transport combination must terminate at <<customer_name>>MRC’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>> MRC 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> MRC 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>> MRC 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>> MRC 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>>MRC’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>> MRC 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>> MRC 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>> MRC shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> MRC 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>>MRC. 5.3.7.4 <<customer_name>> MRC 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 Access may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- New Access self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> New Access 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 Access requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> New Access shall provide to BellSouth a letter certifying that <<customer_name>> New Access 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 Access seeks to qualify for conversion of special access circuits. <<customer_name>> New Access 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 Access 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 New Access’ 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 Access 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 Access 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 Access 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 New Access’ 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 Access 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 Access 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 <<customer_name>> New Access 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 Access 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 New Access’ 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 Access 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 Access 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 Access shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> New Access 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 Access. 5.3.7.4 <<customer_name>> New Access 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>> 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 s ervice 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 loca l 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>>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.of 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.

Special Access Service Conversions. 5.3.7.1 <<customer_name>> Preferred may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- Preferred self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> Preferred 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>> Preferred requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> Preferred shall provide to BellSouth a letter certifying that <<customer_name>> Preferred 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>> Preferred seeks to qualify for conversion of special access circuits. <<customer_name>> Preferred 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>> Preferred certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>Preferred’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>> Preferred is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> Preferred 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>> Preferred 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>>Preferred’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>> Preferred 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>> Preferred 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>> Preferred 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>> Preferred 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>>Preferred’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>> Preferred 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>> Preferred 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>> Preferred shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> Preferred 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>>Preferred. 5.3.7.4 <<customer_name>> Preferred 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>> 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>> 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-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.

Special Access Service Conversions. 5.3.7.1 <<customer_name>> Pilgrim may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- Pilgrim self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> Pilgrim 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>> Pilgrim requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> Pilgrim shall provide to BellSouth a letter certifying that <<customer_name>> Pilgrim 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>> Pilgrim seeks to qualify for conversion of special access circuits. <<customer_name>> Pilgrim 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>> Pilgrim certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>Pilgrim’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>> Pilgrim is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> Pilgrim 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>> Pilgrim 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>>Pilgrim’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>> Pilgrim 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>> Pilgrim 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>> Pilgrim 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>> Pilgrim 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>>Pilgrim’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>> Pilgrim 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>> Pilgrim 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>> Pilgrim shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> Pilgrim 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>>Pilgrim. 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>> 13.5.1 Sprint may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- Sprint self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> Sprint 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>> Sprint requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> Sprint shall provide to BellSouth a letter certifying that <<customer_name>> Sprint 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>> Sprint seeks to qualify for conversion of special access circuits. <<customer_name>> Sprint 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>> 13.5.1.1 Sprint certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>Sprint’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>> Sprint is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> Sprint 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>> 13.5.1.2 Sprint 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>>Sprint’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>> 13.5.1.3 Sprint 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> Sprint 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 13.5.2 In addition, there may be extraordinary circumstances where <<customer_name>> Sprint 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. 7.113.6.1. In such case, <<customer_name>> Sprint 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 requested conversion shall be completed without delay. 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 13.5.3 BellSouth may at its sole discretion audit <<customer_name>> conduct limited audits of Sprint’s records in order only to verify the type of traffic being transmitted over combinations of loop and transport network elementsextent reasonably necessary to determine Sprint’s compliance with the local usage options. The At BellSouth’s sole expense, the audit shall be conducted by a third party independent auditor, and <<customer_name>> Sprint shall be given thirty days written notice of scheduled audit. At the same time that BellSouth provides notice of an audit to Sprint, BellSouth will send a copy of the notice to the FCC. 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>> Sprint 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>>reimbursement. 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>> 5.3.5.1 Rent-A-Line may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- Rent-A-Line self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> Rent-A-Line 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>> Rent- A-Line requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> Rent-A-Line shall provide to BellSouth a letter certifying that <<customer_name>> Rent-A-Line 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>> Rent-A-Line seeks to qualify for conversion of special access circuits. <<customer_name>> Rent-A-Line 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>> 5.3.5.2 Rent-A-Line certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>Rent-A- Line’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>> Rent-A-Line is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> Rent-A-Line 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>> 5.3.5.3 Rent-A-Line 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-transport combination must terminate at <<customer_name>>Rent-A-Line’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>> 5.3.5.4 Rent-A-Line 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> Rent-A-Line 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 5.3.5.5 In addition, there may be extraordinary circumstances where <<customer_name>> Rent-A-Line 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. 7.15.3.5. In such case, <<customer_name>> Rent-A- Line 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>>Rent-A-Line’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 <<customer_name>> Rent-A-Line 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>> Rent-A-Line 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>> Rent-A-Line shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that <<customer_name>> Rent-A-Line 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>>Rent-A-Line. 5.3.7.4 <<customer_name>> 5.3.5.7 Rent-A-Line 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 NTBS may not convert special access services to combinations of loop and transport network elements, whether or not <<customer_name>> self- NTBS self-provides its entrance facilities (or obtains entrance facilities from a third party), unless <<customer_name>> NTBS 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>> NTBS requests to convert any special access services to combinations of loop and transport network elements at UNE prices, <<customer_name>> NTBS shall provide to BellSouth a letter certifying certification that <<customer_name>> NTBS 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>> NTBS seeks to qualify for conversion of special access circuits. <<customer_name>> NTBS 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>> 5.3.6.2 NTBS certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at <<customer_name>>NTBS’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>> NTBS is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. <<customer_name>> NTBS 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>> 5.3.6.3 NTBS 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-transport combination must terminate at <<customer_name>>NTBS’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>> 5.3.6.4 NTBS 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- loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. <<customer_name>> NTBS 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 <<customer_name>> NTBS 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.