Common use of Conversions from Special Access Service to EELs Clause in Contracts

Conversions from Special Access Service to EELs. 5.3.1 FPB may convert existing (Currently Combined) special access services to combinations of Loop and transport network elements, whether or not FPB self- provides its entrance facilities (or obtains entrance facilities from a third party), unless FPB does not use the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent FPB requests to convert any special access services to combinations of Loop and transport network elements at UNE prices, FPB shall provide to BellSouth a certification that FPB 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 FPB seeks to qualify for conversion of special access circuits. FPB 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: FPB certifies that it is the exclusive provider of an end user’s local exchange service. The Loop-transport combinations must terminate at FPB’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, FPB is the end user’s only local service provider, and thus is providing more than a significant amount of local exchange service. FPB 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

Conversions from Special Access Service to EELs. 5.3.1 FPB Line 1 may convert existing (Currently Combined) special access services to combinations of Loop and transport network elements, whether or not FPB Line 1 self- provides its entrance facilities (or obtains entrance facilities from a third party), unless FPB Line 1 does not use the combination to provide a significant amount of local exchange service, in addition to exchange access service, to a particular customer. To the extent FPB Line 1 requests to convert any special access services to combinations of Loop and transport network elements at UNE prices, FPB Line 1 shall provide to BellSouth a certification that FPB Line 1 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 FPB Line 1 seeks to qualify for conversion of special access circuits. FPB Line 1 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: FPB Line 1 certifies that it is the exclusive provider of an end user’s local exchange service. The Loop-transport combinations must terminate at FPBLine 1’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, FPB Line 1 is the end user’s only local service provider, and thus is providing more than a significant amount of local exchange service. FPB Line 1 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