Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 5.3.5.1 Talk America may not convert special access services to combinations of loop and transport network elements, whether or not Talk America self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Talk America 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 Talk America requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Talk America shall provide to BellSouth a letter certifying that Talk America 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 Talk America seeks to qualify for conversion of special access circuits. Talk America shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.5.2 Talk America certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Talk America’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, Talk America is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Talk America 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 5.3.5.3 Talk America 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 Talk America’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 5.3.5.4 Talk America 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. Talk America 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. 5.3.5.5 In addition, there may be extraordinary circumstances where Talk America is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.5. In such case, Talk America 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 Talk America’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.5.6 BellSouth may at its sole discretion audit Talk America 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 Talk America 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, Talk America shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Talk America 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 Talk America. 5.3.5.7 Talk America 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. 5.3.5.1 Talk Access America may not convert special access services to combinations of loop and transport network elements, whether or not Talk Access America self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Talk Access America 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 Talk Access America requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Talk Access America shall provide to BellSouth a letter certifying that Talk Access America 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 Talk Access America seeks to qualify for conversion of special access circuits. Talk Access America shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.5.2 Talk 5.3.5.1.1 Access America certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Talk Access America’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, Talk Access America is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Talk Access America 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 5.3.5.3 Talk 5.3.5.1.2 Access America certifies that it provides local exchange exchan ge 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 Talk Access America’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 5.3.5.4 Talk 5.3.5.1.3 Access America 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. Talk Access America 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. 5.3.5.5 5.3.5.2 In addition, there may be extraordinary circumstances where Talk Access America is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.55.3. 5.1. In such case, Talk Access America 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 Talk Access America’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.5.6 5.3.5.3 BellSouth may at its sole sol e discretion audit Talk Access America 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 Talk Access America 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, Talk Access America shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Talk Access America is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth may file a complaint with the appropriate Commission, pursuant to the dispute resolution process as set forth in the Interconnection this Agreement. In the event that BellSouth prevails, BellSouth may convert such combinations of loop and transport network elements to special access services and may seek appropriate retroactive reimbursement from Talk Access America. 5.3.5.7 Talk 5.3.5.4 Access America 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.