Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 5.3.7.1 Navigator may not convert special access services to combinations of loop and transport network elements, whether or not Navigator self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Navigator uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent Navigator requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Navigator shall provide to BellSouth a letter certifying that Navigator is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option Navigator seeks to qualify for conversion of special access circuits. Navigator shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 Navigator certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at Navigator’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, Navigator is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Navigator can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 Navigator certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- transport combination must terminate at Navigator’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 Navigator certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. Navigator does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where Navigator is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, Navigator 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 Navigator’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 Navigator 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 Navigator 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, Navigator shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Navigator 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 Navigator. 5.3.7.4 Navigator 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 Navigator Wakul may not convert special access services to combinations of loop and transport network elements, whether or not Navigator Wakul self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Navigator Wakul 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 Navigator Wakul requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Navigator Wakul shall provide to BellSouth a letter certifying that Navigator Wakul 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 Navigator Wakul seeks to qualify for conversion of special access circuits. Navigator Wakul 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 Navigator Wakul certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at NavigatorWakul’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, Navigator Wakul is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Navigator Wakul 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 Navigator Wakul 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 NavigatorWakul’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 Navigator Wakul 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. Navigator Wakul 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 Navigator Xxxxx 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, Navigator Wakul 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 NavigatorXxxxx’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 Navigator Wakul 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 Navigator Wakul 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, Navigator Xxxxx shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Navigator Wakul 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 NavigatorWakul. 5.3.7.4 Navigator Wakul 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 Navigator Lightyear may not convert special access services to combinations of loop and transport network elements, whether or not Navigator Lightyear self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Navigator Lightyear uses the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent Navigator Lightyear requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Navigator Lightyear shall provide to BellSouth a letter certifying that Navigator Lightyear is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification letter shall also indicate under what local usage option Navigator Lightyear seeks to qualify for conversion of special access circuits. Navigator Lightyear shall be deemed to be providing a significant amount of local exchange service over such combinations if one of the following options is met: 5.3.7.1.1 Navigator Lightyear certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at NavigatorLightyear’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, Navigator Lightyear is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Navigator Lightyear can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 5.3.7.1.2 Navigator Lightyear certifies that it provides local exchange and exchange access service to the end user customer’s premises and handles at least one third of the end user customer’s local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. The loop- transport combination must terminate at NavigatorLightyear’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 Navigator Lightyear certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. Navigator Lightyear does not need to provide a defined portion of the end user’s local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this option. 5.3.7.2 In addition, there may be extraordinary circumstances where Navigator Lightyear is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, Navigator Lightyear may petition the FCC for a waiver of the local usage options set forth in the June 2, 2000 Order. If a waiver is granted, then upon Navigator’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 Navigator 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 Navigator 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, Navigator shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Navigator 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 Navigator. 5.3.7.4 Navigator 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.2000

Special Access Service Conversions. 5.3.7.1 Navigator LCT may not convert special access services to combinations of loop and transport network elements, whether or not Navigator LCT self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Navigator LCT 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 Navigator LCT requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Navigator LCT shall provide to BellSouth a letter certifying that Navigator LCT 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 Navigator LCT seeks to qualify for conversion of special access circuits. Navigator LCT 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 Navigator LCT certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at NavigatorLCT’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, Navigator LCT is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Navigator LCT 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 Navigator LCT 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 NavigatorLCT’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 Navigator LCT 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. Navigator LCT 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 Navigator LCT 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, Navigator LCT 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 NavigatorLCT’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 Navigator LCT 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 Navigator LCT 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, Navigator LCT shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Navigator LCT 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 NavigatorLCT. 5.3.7.4 Navigator LCT 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 Navigator CCI may not convert special access services to combinations of loop and transport network elements, whether or not Navigator CCI self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Navigator CCI 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 Navigator CCI requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Navigator CCI shall provide to BellSouth a letter certifying that Navigator CCI 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 Navigator CCI seeks to qualify for conversion of special access circuits. Navigator CCI 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 Navigator CCI certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at NavigatorCCI’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, Navigator CCI is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Navigator CCI 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 Navigator CCI 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 NavigatorCCI’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 Navigator CCI 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. Navigator CCI 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 Navigator CCI is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.35.3.7. 7.11. In such case, Navigator CCI 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 NavigatorCCI’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 Navigator CCI 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 Navigator CCI 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, Navigator CCI shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Navigator CCI 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 NavigatorCCI. 5.3.7.4 Navigator CCI 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 Navigator 2.7.1 Network One may not convert special access services to combinations of loop and transport network elements, whether or not Navigator Network One self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Navigator Network One 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 Navigator Network One requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Navigator Network One shall provide to BellSouth a letter certifying that Navigator Network One 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 Navigator Network One seeks to qualify for conversion of special access circuits. Navigator Network One 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 Navigator 2.7.1.1 Network One certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at NavigatorNetwork One’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, Navigator Network One is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Navigator Network One 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 Navigator 2.7.1.2 Network One 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 NavigatorNetwork One’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 Navigator 2.7.1.3 Network One 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. Navigator Network One 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 2.7.2 In addition, there may be extraordinary circumstances where Navigator Network One is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.32.7. 7.11. In such case, Navigator Network One 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 NavigatorNetwork One’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 2.7.3 BellSouth may at its sole discretion audit Navigator Network One 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 Navigator Network One 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, Navigator Network One shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Navigator Network One 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 NavigatorNetwork One. 5.3.7.4 Navigator 2.7.4 Network One 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 Navigator ZNC may not convert special access services to combinations of loop and transport network elements, whether or not Navigator ZNC self-provides its entrance facilities (or obtains entrance facilities from a third party), unless Navigator ZNC 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 Navigator ZNC requests to convert any special access services to combinations of loop and transport network elements at UNE prices, Navigator ZNC shall provide to BellSouth a letter certifying that Navigator ZNC 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 Navigator ZNC seeks to qualify for conversion of special access circuits. Navigator ZNC 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 Navigator ZNC certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at NavigatorZNC’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, Navigator ZNC is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. Navigator ZNC 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 Navigator ZNC 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 NavigatorZNC’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 Navigator ZNC certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-loop- transport combination includes multiplexing, each of the individual DS1 circuits must meet this criteria. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. Navigator ZNC 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 Navigator ZNC 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, Navigator ZNC 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 NavigatorZNC’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 Navigator ZNC 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 Navigator ZNC 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, Navigator ZNC shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that Navigator ZNC 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 NavigatorZNC. 5.3.7.4 Navigator ZNC 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.