Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 5.3.7.1 Choice Telephone Company may not convert special access services to combinations of loop and transport network elements, whether or not Choice Telephone Company self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Choice Telephone Company 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 Choice Telephone Company requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Choice Telephone Company shall provide to BellSouth a letter certifying that Choice Telephone Company 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 Choice Telephone Company seeks to qualify for conversion of special access circuits. Choice Telephone Company shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.2 Choice Telephone Company certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Choice Telephone Company’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, Choice Telephone Company is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Choice Telephone Company 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 5.3.7.3 Choice Telephone Company 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 these criteria. The loop-transport combination must terminate at Choice Telephone Company’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 5.3.7.4 Choice Telephone Company 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 these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. Choice Telephone Company 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. 5.3.7.5 In addition, there may be extraordinary circumstances where Choice Telephone Company 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. In such case, Choice Telephone Company 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 Choice Telephone Company’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance.

Special Access Service Conversions. 5.3.7.1 Choice Telephone Company Xspedius may not convert special access services to combinations of loop and transport network elements, whether or not Choice Telephone Company Xspedius self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Choice Telephone Company Xspedius 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 Choice Telephone Company Xspedius requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Choice Telephone Company Xspedius shall provide to BellSouth a letter certifying that Choice Telephone Company Xspedius 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 Choice Telephone Company Xspedius seeks to qualify for conversion of special access circuits. Choice Telephone Company Xspedius shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.2 Choice Telephone Company 5.3.7.1.1 Xspedius certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Choice Telephone CompanyXspedius’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, Choice Telephone Company Xspedius is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Choice Telephone Company Xspedius 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 5.3.7.3 Choice Telephone Company 5.3.7.1.2 Xspedius 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 these this criteria. The loop-loop- transport combination must terminate at Choice Telephone CompanyXspedius’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 5.3.7.4 Choice Telephone Company 5.3.7.1.3 Xspedius 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 these 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. Choice Telephone Company Xspedius 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. 5.3.7.5 5.3.7.2 In addition, there may be extraordinary circumstances where Choice Telephone Company Xspedius is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.75.3. 7.1. In such case, Choice Telephone Company Xspedius 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 Choice Telephone CompanyXspedius’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 Xspedius 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 Xspedius 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, Xspedius shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Xspedius 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 Xspedius. 5.3.7.4 Xspedius 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 Choice Telephone Company 1.7.1 BroadRiver may not convert special access services to combinations of loop and transport network elements, whether or not Choice Telephone Company BroadRiver self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Choice Telephone Company BroadRiver 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 Choice Telephone Company BroadRiver requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Choice Telephone Company BroadRiver shall provide to BellSouth a letter certifying that Choice Telephone Company BroadRiver 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 Choice Telephone Company BroadRiver seeks to qualify for conversion of special access circuits. Choice Telephone Company BroadRiver shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.2 Choice Telephone Company 1.7.1.1 BroadRiver certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Choice Telephone CompanyBroadRiver’s collocation arrangement in at least one BellSouth central office. This option does not allow loop-loop- transport combinations to be connected to BellSouth’s tariffed services. Under this option, Choice Telephone Company BroadRiver is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Choice Telephone Company BroadRiver 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 5.3.7.3 Choice Telephone Company 1.7.1.2 BroadRiver 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 these this criteria. The loop-transport combination must terminate at Choice Telephone CompanyBroadRiver’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 5.3.7.4 Choice Telephone Company 1.7.1.3 BroadRiver certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-loop- transport combination includes multiplexing, each of the individual DS1 circuits must meet these 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. Choice Telephone Company BroadRiver 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. 5.3.7.5 1.7.2 In addition, there may be extraordinary circumstances where Choice Telephone Company BroadRiver is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.71.7. 1. In such case, Choice Telephone Company BroadRiver 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 Choice Telephone CompanyBroadRiver’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 1.7.3 BellSouth may at its sole discretion audit BroadRiver 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 BroadRiver 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, BroadRiver shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that BroadRiver 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 BroadRiver. 1.7.4 BroadRiver 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 Choice Telephone Company Momentum Business Solutions may not convert special access services to combinations of loop and transport network elements, whether or not Choice Telephone Company Momentum Business Solutions self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Choice Telephone Company Momentum Business Solutions 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 Choice Telephone Company Momentum Business Solutions requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Choice Telephone Company Momentum Business Solutions shall provide to BellSouth a letter certifying that Choice Telephone Company Momentum Business Solutions 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 Choice Telephone Company Momentum Business Solutions seeks to qualify for conversion of special access circuits. Choice Telephone Company Momentum Business Solutions shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.2 Choice Telephone Company 5.3.7.1.1 Momentum Business Solutions certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Choice Telephone Company’s Momentum Business Solutions’ 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, Choice Telephone Company Momentum Business Solutions is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Choice Telephone Company Momentum Business Solutions 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 5.3.7.3 Choice Telephone Company 5.3.7.1.2 Momentum Business Solutions 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 these this criteria. The loop-transport combination must terminate at Choice Telephone Company’s Momentum Business Solutions’ 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 5.3.7.4 Choice Telephone Company 5.3.7.1.3 Momentum Business Solutions 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 these 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. Choice Telephone Company Momentum Business Solutions 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. 5.3.7.5 5.3.7.2 In addition, there may be extraordinary circumstances where Choice Telephone Company Momentum Business Solutions is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.75.3. 7.1. In such case, Choice Telephone Company Momentum Business Solutions 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 Choice Telephone Company’s Momentum Business Solutions’ 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 Momentum Business Solutions 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 Momentum Business Solutions 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, Momentum Business Solutions shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Momentum Business Solutions 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 Momentum Business Solutions. 5.3.7.4 Momentum Business Solutions 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 Choice Telephone Company Xxxx Communications may not convert special access services to combinations of loop and transport network elements, whether or not Choice Telephone Company self-Xxxx Communications self- provides its entrance facilities (or obtains entrance facilities from a third party), unless Choice Telephone Company Xxxx Communications 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 Choice Telephone Company Xxxx Communications requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Choice Telephone Company Xxxx Communications shall provide to BellSouth a letter certifying that Choice Telephone Company Xxxx Communications 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 Choice Telephone Company Xxxx Communications seeks to qualify for conversion of special access circuits. Choice Telephone Company Xxxx Communications shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.2 Choice Telephone Company 5.3.7.1.1 Xxxx Communications certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Choice Telephone CompanyXxxx Communications’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, Choice Telephone Company Xxxx Communications is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Choice Telephone Company Xxxx Communications 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 5.3.7.3 Choice Telephone Company 5.3.7.1.2 Xxxx Communications 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 these this criteria. The loop-transport combination must terminate at Choice Telephone CompanyXxxx Communications’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 5.3.7.4 Choice Telephone Company 5.3.7.1.3 Xxxx Communications 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 these 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. Choice Telephone Company Xxxx Communications 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. 5.3.7.5 5.3.7.2 In addition, there may be extraordinary circumstances where Choice Telephone Company Xxxx Communications is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.75.3. 7.1. In such case, Choice Telephone Company Xxxx Communications 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 Choice Telephone CompanyXxxx Communications’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 Xxxx Communications 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 Xxxx Communications 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, Xxxx Communications shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Xxxx Communications 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 Xxxx Communications. 5.3.7.4 Xxxx Communications 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 Choice Telephone Company 5.3.5.1 GulfPines may not convert special access services to combinations of loop and transport network elements, whether or not Choice Telephone Company GulfPines self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Choice Telephone Company GulfPines 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 Choice Telephone Company GulfPines requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Choice Telephone Company GulfPines shall provide to BellSouth a letter certifying that Choice Telephone Company GulfPines 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 Choice Telephone Company GulfPines seeks to qualify for conversion of special access circuits. Choice Telephone Company GulfPines shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.2 Choice Telephone Company 5.3.5.2 GulfPines certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Choice Telephone Company’s GulfPines’ 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, Choice Telephone Company GulfPines is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Choice Telephone Company GulfPines 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 5.3.7.3 Choice Telephone Company 5.3.5.3 GulfPines 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 these criteria. The loop-transport combination must terminate at Choice Telephone Company’s GulfPines’ 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 5.3.7.4 Choice Telephone Company 5.3.5.4 GulfPines 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 these criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. Choice Telephone Company GulfPines 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. 5.3.7.5 5.3.5.5 In addition, there may be extraordinary circumstances where Choice Telephone Company GulfPines is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.75.3.5. In such case, Choice Telephone Company GulfPines 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 Choice Telephone Company’s GulfPines’ request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.5.6 BellSouth may at its sole discretion audit GulfPines 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 GulfPines 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, GulfPines shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that GulfPines 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 Section 11 of this Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from GulfPines. 5.3.5.7 GulfPines 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.