Conversions from Special Access Service to EELs. 5.3.1 CCI may not convert existing special access services to combinations of loop and transport network elements, whether or not CCI self-provides its entrance facilities (or obtains entrance facilities from a third party), unless 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 CCI requests to convert any special access services to combinations of loop and transport network elements at UNE prices, CCI shall provide to BellSouth a certification that CCI is providing a significant amount of local exchange service (as described in this Section) over such combinations. The certification shall also indicate under what local usage option CCI seeks to qualify for conversion of special access circuits. 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: 5.3.1.1 Option 1: CCI certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at CCI’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, CCI is the end user’s only local service provider, and thus is providing more than a significant amount of local exchange service. 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 5.3.1.2 Option 2: 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 dial tone 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 criterion. The loop-transport combination must terminate at CCI’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 5.3.1.3 Option 3: CCI certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dial tone service and at least 50 percent of the traffic on each of these local dial tone 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 criterion. This option does not allow loop-transport combinations to be connected to BellSouth’s tariffed services. Under this option, collocation is not required. 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. 5.3.2 In addition, there may be extraordinary circumstances where CCI is providing a significant amount of local exchange service but does not qualify under any of the three options set forth in Section 5.3.1 et seq. In such case, CCI may petition the FCC for a waiver of the local usage options set forth above. If a waiver is granted, then upon CCI’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 5.3.3 BellSouth may, at its sole discretion, audit CCI’s records in order to verify compliance with the local usage option provided by CCI pursuant to Section 5.3.1. The audit shall be conducted by a third party independent auditor, and 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, CCI shall reimburse BellSouth for the cost of the audit. If, based on the audit, CCI is not providing a significant amount of local exchange traffic over the combinations of loop and transport network elements, BellSouth will convert such combinations of loop and transport network elements to special access services in accordance with BellSouth’s tariffs and will bill CCI for appropriate retroactive reimbursement. If the Parties disagree as to whether the audits indicate that CCI is not providing a significant amount of local exchange traffic, the dispute will be resolved according to the dispute resolution process set forth in Section 10 of the General Terms and Conditions of this Agreement incorporated herein by this reference. 5.3.4 In the event CCI converts special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section, CCI shall be subject to the termination liability provisions in the applicable special access tariffs, if any.
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Sources: Interconnection Agreement, Interconnection Agreement