Common use of Special Access Service Conversions Clause in Contracts

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

Special Access Service Conversions. 5.3.7.1 EPB Telecommunications NTERA, INC. may not convert special access services to combinations of loop and transport network elements, whether or not EPB Telecommunications NTERA, INC. self-provides its entrance facilities (or obtains entrance facilities from a third party), unless EPB Telecommunications NTERA, INC. 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 EPB Telecommunications NTERA, INC. requests to convert any special access services to combinations of loop and transport network elements at UNE prices, EPB Telecommunications NTERA, INC. shall provide to BellSouth a letter certifying that EPB Telecommunications NTERA, INC. 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 EPB Telecommunications NTERA, INC. seeks to qualify for conversion of special access circuits. EPB Telecommunications NTERA, INC. 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 EPB Telecommunications NTERA, INC. certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at EPB Telecommunications' NTERA, INC.’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, EPB Telecommunications NTERA, INC. is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. EPB Telecommunications NTERA, INC. 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 EPB Telecommunications NTERA, INC. 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 EPB Telecommunications' NTERA, INC.’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; ortransport 5.3.7.1.3 EPB Telecommunications NTERA, INC. 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. EPB Telecommunications NTERA, INC. 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 EPB Telecommunications NTERA, INC. 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, EPB Telecommunications NTERA, INC. 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 EPB Telecommunications' NTERA, INC.’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 EPB Telecommunications NTERA, INC. 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 EPB Telecommunications NTERA, INC. 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, EPB Telecommunications NTERA, INC. shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that EPB Telecommunications NTERA, INC. 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 EPB Telecommunications.NTERA, INC.. 5.3.7.4 EPB Telecommunications NTERA, INC. may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to thethe termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. (a/k/a Non-Switched Combinations) 5.3.7.1 EPB Telecommunications LS-One may not convert special access services to combinations of loop and transport network elements, whether or not EPB Telecommunications LS-One self-provides its entrance facilities (or obtains entrance facilities from a third party), unless EPB Telecommunications LS-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 EPB Telecommunications LS-One requests to convert any special access services to combinations of loop and transport network elements at UNE prices, EPB Telecommunications LS-One shall provide to BellSouth a letter certifying that EPB Telecommunications LS-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 EPB Telecommunications LS-One seeks to qualify for conversion of special access circuits. EPB Telecommunications LS-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 EPB Telecommunications LS-One certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at EPB Telecommunications' LS-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, EPB Telecommunications LS-One is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. EPB Telecommunications LS-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 EPB Telecommunications LS-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-loop- transport combination must terminate at EPB Telecommunications' LS-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 EPB Telecommunications LS-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. EPB Telecommunications LS-One 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 EPB Telecommunications LS-One is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3. 7.1. In such case, EPB Telecommunications LS-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 EPB Telecommunications' LS-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 BellSouth may at its sole discretion audit EPB Telecommunications LS-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 EPB Telecommunications LS-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, EPB Telecommunications LS-One shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that EPB Telecommunications LS-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 EPB TelecommunicationsLS-One. 5.3.7.4 EPB Telecommunications LS-One may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to thethe termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. 5.3.7.1 EPB Telecommunications U.S. South may not convert special access services to combinations of loop and transport network elements, whether or not EPB Telecommunications U.S. South self-provides its entrance facilities (or obtains entrance facilities from a third party), unless EPB Telecommunications U.S. South 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 EPB Telecommunications U.S. South requests to convert any special access services to combinations of loop and transport network elements at UNE prices, EPB Telecommunications U.S. South shall provide to BellSouth a letter certifying that EPB Telecommunications U.S. South 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 EPB Telecommunications U.S. South seeks to qualify for conversion of special access circuits. EPB Telecommunications U.S. South 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 EPB Telecommunications U.S. South certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at EPB Telecommunications' U.S. South’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, EPB Telecommunications U.S. South is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. EPB Telecommunications U.S. South 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 EPB Telecommunications U.S. South 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 EPB Telecommunications' U.S. South’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 EPB Telecommunications U.S. South 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. EPB Telecommunications U.S. South 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 EPB Telecommunications U.S. South 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, EPB Telecommunications U.S. South 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 EPB Telecommunications' U.S. South’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 EPB Telecommunications U.S. South 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 EPB Telecommunications U.S. South 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, EPB Telecommunications U.S. South shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that EPB Telecommunications U.S. South 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 EPB TelecommunicationsU.S. South. 5.3.7.4 EPB Telecommunications U.S. South may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to thethe termination provisions in the applicable special access tariffs, if any.