Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 5.3.7.1 E-Z Access may not convert special access services to combinations of loop and transport network elements, whether or not E-Z Access self-provides its entrance facilities (or obtains entrance facilities from a third party), unless E-Z 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 E-Z Access requests to convert any special access services to combinations of loop and transport network elements at UNE prices, E-Z Access shall provide to BellSouth a letter certifying that E-Z 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 E-Z Access seeks to qualify for conversion of special access circuits. E-Z 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 E-Z Access certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at E-Z Access’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, E-Z Access is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. E-Z Access 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 E-Z 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 E-Z Access’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 E-Z 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-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. E-Z Access 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 E-Z 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, E-Z 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 E-Z Access’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 E-Z 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 E-Z 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, E-Z Access shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that E-Z 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 E-Z Access. 5.3.7.4 E-Z 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 E-Z Access Tel may not convert special access services to combinations of loop and transport network elements, whether or not E-Z Access Tel self-provides its entrance facilities (or obtains entrance facilities from a third party), unless E-Z Access Tel 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 E-Z Access Tel requests to convert any special access services to combinations of loop and transport network elements at UNE prices, E-Z Access Tel shall provide to BellSouth a letter certifying that E-Z Access Tel 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 E-Z Access Tel seeks to qualify for conversion of special access circuits. E-Z Access Tel 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 E-Z Access Tel certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at E-Z AccessTel’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, E-Z Access Tel is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. E-Z Access Tel 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 E-Z Access Tel 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 E-Z AccessTel’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 E-Z Access Tel 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. E-Z Access Tel 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 E-Z Access Tel 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, E-Z Access Tel 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 E-Z AccessTel’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 E-Z Access Tel 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 E-Z Access Tel 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, E-Z Access Tel shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that E-Z Access Tel 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 E-Z AccessTel. 5.3.7.4 E-Z Access Tel 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 E-Z Access Broadslate may not convert special access services to combinations of loop and transport network elements, whether or not E-Z Access Broadslate self-provides its entrance facilities (or obtains entrance facilities from a third party), unless E-Z Access Broadslate 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 E-Z Access Broadslate requests to convert any special access services to combinations of loop and transport network elements at UNE prices, E-Z Access Broadslate shall provide to BellSouth a letter certifying that E-Z Access Broadslate 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 E-Z Access Broadslate seeks to qualify for conversion of special access circuits. E-Z Access Broadslate 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 E-Z Access Broadslate certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at E-Z AccessBroadslate’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, E-Z Access Broadslate is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. E-Z Access Broadslate 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 E-Z Access Broadslate 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 E-Z AccessBroadslate’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 E-Z Access Broadslate 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. E-Z Access Broadslate 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 E-Z Access Xxxxxxxxxx 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, E-Z Access Broadslate 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 E-Z AccessXxxxxxxxxx’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 E-Z Access Broadslate 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 E-Z Access Broadslate 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, E-Z Access Xxxxxxxxxx shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that E-Z Access Broadslate 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 E-Z AccessBroadslate. 5.3.7.4 E-Z Access Broadslate 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. (a/k/a Non-Switched Combinations) 5.3.7.1 E-Z Access aXessa may not convert special access services to combinations of loop and transport network elements, whether or not E-Z Access aXessa self-provides its entrance facilities (or obtains entrance facilities from a third party), unless E-Z Access aXessa 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 E-Z Access aXessa requests to convert any special access services to combinations of loop and transport network elements at UNE prices, E-Z Access aXessa shall provide to BellSouth a letter certifying that E-Z Access aXessa 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 E-Z Access aXessa seeks to qualify for conversion of special access circuits. E-Z Access aXessa 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 E-Z Access aXessa certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at E-Z AccessaXessa’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, E-Z Access aXessa is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. E-Z Access aXessa 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 E-Z Access aXessa 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 E-Z AccessaXessa’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 E-Z Access aXessa 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. E-Z Access aXessa 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 E-Z Access aXessa 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, E-Z Access aXessa 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 E-Z AccessaXessa’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 E-Z Access aXessa 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 E-Z Access aXessa 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, E-Z Access aXessa shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that E-Z Access aXessa 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 E-Z AccessaXessa. 5.3.7.4 E-Z Access aXessa 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.