Common use of Local Circuit Switching Capability, including Tandem Switching Capability Clause in Contracts

Local Circuit Switching Capability, including Tandem Switching Capability. 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for COMTECH21 for a particular End User when COMTECH21: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro- Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA; or (2) serves an End User with a DS1 or higher capacity Loop in any service area covered by this Agreement. To the extent that COMTECH21 is serving any End User as described in (2) above as of the Effective Date of this Agreement, such End User’s arrangement may not remain in place and such Arrangement must be terminated by COMTECH21 or transitioned by COMTECH21, pursuant to Section 1.8 of this Attachment or BellSouth shall disconnect such Arrangements pursuant to Section 1.8. 4.2.3 Rates for unbundled switching at the DS1 level and above or for combinations with unbundled switching at the DS1 level and above provisioned prior to the Effective Date of this Agreement shall be those rates set forth in Exhibit A of this Attachment until April 1, 2004. 4.2.4 Local Switching that is not required to be provided as a UNE will be provided pursuant to a separate agreement or a tariff, at BellSouth’s discretion. 4.2.5 Unbundled Local Switching consists of three separate unbundled elements: Unbundled Ports, End Office Switching Functionality, and End Office Interoffice Trunk Ports. 4.2.6 Unbundled Local Switching combined with Common Transport and, if necessary, Tandem Switching provides to COMTECH21’s End User local calling and the ability to presubscribe to a primary carrier for intraLATA and/or to presubscribe to a primary carrier for interLATA toll service. 4.2.7 Provided that COMTECH21 purchases unbundled local switching from BellSouth and uses the BellSouth Carrier Identification Code (CIC) for its End Users' Local Preferred Interexchange Carrier (LPIC) or if a BellSouth local End User selects BellSouth as its LPIC, then the Parties will consider as local any calls originated by a COMTECH21 local End User, or originated by a BellSouth local End User and terminated to a COMTECH21 local End User, where such calls originate and terminate in the same LATA, except for those calls originated and terminated through switched access arrangements (i.e., calls that are transported by a Party other than BellSouth). For such calls, BellSouth will charge COMTECH21 the UNE elements for the BellSouth facilities utilized. Neither Party shall ▇▇▇▇ the other originating or terminating switched access charges for such calls. Intercarrier compensation for local calls between BellSouth and COMTECH21 shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.8 Where COMTECH21 purchases unbundled local switching from BellSouth but does not use the BellSouth CIC for its End Users’ LPIC, BellSouth will consider as local those direct dialed telephone calls that originate from a COMTECH21 End User and terminate within the basic local calling area or within the extended local calling areas and that are dialed using seven (7) or ten (10) digits as defined and specified in Section A3 of BellSouth’s General Subscriber Services Tariffs (GSST). For such local calls, BellSouth will charge COMTECH21 the UNE elements for the BellSouth facilities utilized. Intercarrier compensation for local calls between BellSouth and COMTECH21 shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.9 For any calls that originate and terminate through switched access arrangements (i.e., calls that are transported by a party other than BellSouth), BellSouth shall ▇▇▇▇ COMTECH21 the UNE elements for the BellSouth facilities utilized. Each Party may ▇▇▇▇ the toll provider originating or terminating switched access charges as appropriate.

Local Circuit Switching Capability, including Tandem Switching Capability. 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling signaling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for COMTECH21 for a particular End User Starlink when COMTECH21: Starlink: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Gastonia- Rock Hill, NC; Greensboro- Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA; or (2) serves an End User with a DS1 or higher capacity Loop in any service area covered by this Agreement. To the extent that COMTECH21 Starlink is serving any End User as described in (2) above as of the Effective Date of this AgreementOctober 2, 2003, such End User’s arrangement may not remain in place and any longer than April 1, 2004, after which such Arrangement arrangement must be terminated by COMTECH21 or transitioned by COMTECH21, pursuant to Section 1.8 of this Attachment Starlink or BellSouth shall disconnect convert such Arrangements pursuant arrangement to Section 1.8tariff pricing. The filing of this Amendment with the applicable Commission shall constitute the filing of the joint transition plan specified by the FCC. 4.2.3 Rates for unbundled switching at the DS1 level and above or for combinations with unbundled switching at the DS1 level and above provisioned prior to the Effective Date of this Agreement Amendment shall be those rates set forth in Exhibit A of this Attachment until April 1, 2004. 4.2.4 Local Switching that is not required to be provided as a UNE will be provided pursuant to a separate agreement or a tariff, at BellSouth’s discretion. 4.2.5 Unbundled Local Switching consists of three separate unbundled elements: Unbundled Ports, End Office Switching Functionality, and End Office Interoffice Trunk Ports. 4.2.6 Unbundled Local Switching combined with Common Transport and, if necessary, Tandem Switching provides to COMTECH21’s End User local calling and the ability to presubscribe to a primary carrier for intraLATA and/or to presubscribe to a primary carrier for interLATA toll service. 4.2.7 Provided that COMTECH21 purchases unbundled local switching from BellSouth and uses the BellSouth Carrier Identification Code (CIC) for its End Users' Local Preferred Interexchange Carrier (LPIC) or if a BellSouth local End User selects BellSouth as its LPIC, then the Parties will consider as local any calls originated by a COMTECH21 local End User, or originated by a BellSouth local End User and terminated to a COMTECH21 local End User, where such calls originate and terminate in the same LATA, except for those calls originated and terminated through switched access arrangements (i.e., calls that are transported by a Party other than BellSouth). For such calls, BellSouth will charge COMTECH21 the UNE elements for the BellSouth facilities utilized. Neither Party shall ▇▇▇▇ the other originating or terminating switched access charges for such calls. Intercarrier compensation for local calls between BellSouth and COMTECH21 shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.8 Where COMTECH21 purchases unbundled local switching from BellSouth but does not use the BellSouth CIC for its End Users’ LPIC, BellSouth will consider as local those direct dialed telephone calls that originate from a COMTECH21 End User and terminate within the basic local calling area or within the extended local calling areas and that are dialed using seven (7) or ten (10) digits as defined and specified in Section A3 of BellSouth’s General Subscriber Services Tariffs (GSST). For such local calls, BellSouth will charge COMTECH21 the UNE elements for the BellSouth facilities utilized. Intercarrier compensation for local calls between BellSouth and COMTECH21 shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.9 For any calls that originate and terminate through switched access arrangements (i.e., calls that are transported by a party other than BellSouth), BellSouth shall ▇▇▇▇ COMTECH21 the UNE elements for the BellSouth facilities utilized. Each Party may ▇▇▇▇ the toll provider originating or terminating switched access charges as appropriate.

Local Circuit Switching Capability, including Tandem Switching Capability. 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling signaling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for COMTECH21 for a particular End User Victory when COMTECH21Victory: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro- Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA; or (2) serves an End User with a DS1 or higher capacity Loop in any service area covered by this Agreement. To the extent that COMTECH21 Victory is serving any End User as described in (2) above as of the Effective Date of this AgreementOctober 2, 2003, such End User’s arrangement may not remain in place and any longer than April 1, 2004, after which such Arrangement arrangement must be terminated by COMTECH21 or transitioned by COMTECH21, pursuant to Section 1.8 of this Attachment Victory or BellSouth shall disconnect convert such Arrangements pursuant arrangement to Section 1.8tariff pricing. The filing of this Amendment with the applicable Commission shall constitute the filing of the joint transition plan specified by the FCC. 4.2.3 Rates for unbundled switching at the DS1 level and above or for combinations with unbundled switching at the DS1 level and above provisioned prior to the Effective Date of this Agreement Amendment shall be those rates set forth in Exhibit A of this Attachment until April 1, 2004. 4.2.4 Local Switching that is not required to be provided as a UNE will be provided pursuant to a separate agreement or a tariff, at BellSouth’s discretion. 4.2.5 Unbundled Local Switching consists of three separate unbundled elements: Unbundled Ports, End Office Switching Functionality, and End Office Interoffice Trunk Ports. 4.2.6 Unbundled Local Switching combined with Common Transport and, if necessary, Tandem Switching provides to COMTECH21Victory’s End User local calling and the ability to presubscribe to a primary carrier for intraLATA and/or to presubscribe to a primary carrier for interLATA toll service. 4.2.7 Provided that COMTECH21 Victory purchases unbundled local switching from BellSouth and uses the BellSouth Carrier Identification Code (CIC) for its End Users' Local Preferred Interexchange Carrier (LPIC) or if a BellSouth local End User selects BellSouth as its LPIC, then the Parties will consider as local any calls originated by a COMTECH21 Victory local End User, or originated by a BellSouth local End User and terminated to a COMTECH21 Victory local End User, where such calls originate and terminate in the same LATA, except for those calls originated and terminated through switched access arrangements (i.e., calls that are transported by a Party other than BellSouth). For such calls, BellSouth will charge COMTECH21 Victory the UNE elements for the BellSouth facilities utilized. Neither Party shall ▇▇▇▇ the other originating or terminating switched access charges for such calls. Intercarrier compensation for local calls between BellSouth and COMTECH21 Victory shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.8 Where COMTECH21 Victory purchases unbundled local switching from BellSouth but does not use the BellSouth CIC for its End Users’ LPIC, BellSouth will consider as local those direct dialed telephone calls that originate from a COMTECH21 Victory End User and terminate within the basic local calling area or within the extended local calling areas and that are dialed using seven (7) or ten (10) digits as defined and specified in Section A3 of BellSouth’s General Subscriber Services Tariffs (GSST). For such local calls, BellSouth will charge COMTECH21 Victory the UNE elements for the BellSouth facilities utilized. Intercarrier compensation for local calls between BellSouth and COMTECH21 Victory shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.9 For any calls that originate and terminate through switched access arrangements (i.e., calls that are transported by a party other than BellSouth), BellSouth shall ▇▇▇▇ COMTECH21 Victory the UNE elements for the BellSouth facilities utilized. Each Party may ▇▇▇▇ the toll provider originating or terminating switched access charges as appropriate.

Local Circuit Switching Capability, including Tandem Switching Capability. 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for COMTECH21 for a particular End User BroadRiver when COMTECH21: BroadRiver: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Charlotte- Gastonia-Rock Hill, NC; Greensboro- Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA; or (2) serves an End User with a DS1 or higher capacity Loop in any service area covered by this Agreement. To the extent that COMTECH21 BroadRiver is serving any End User as described in (2) above as of the Effective Date of this AgreementOctober 2, 2003, such End User’s arrangement may not remain in place and any longer than April 1, 2004, after which such Arrangement arrangement must be terminated by COMTECH21 or transitioned by COMTECH21, pursuant to Section 1.8 of this Attachment BroadRiver or BellSouth shall disconnect convert such Arrangements pursuant arrangement to Section 1.8tariff pricing. The filing of this Agreement with the applicable Commission shall constitute the filing of the joint transition plan specified by the FCC. 4.2.3 Rates for unbundled switching at the DS1 level and above or for combinations with unbundled switching at the DS1 level and above provisioned prior to the Effective Date of this Agreement Amendment shall be those rates set forth in Exhibit A of this Attachment until April 1, 2004. 4.2.4 Local Switching that is not required to be provided as a UNE will be provided pursuant to a separate agreement or a tariff, at BellSouth’s discretion. 4.2.5 Unbundled Local Switching consists of three separate unbundled elements: Unbundled Ports, End Office Switching Functionality, and End Office Interoffice Trunk Ports. 4.2.6 Unbundled Local Switching combined with Common Transport and, if necessary, Tandem Switching provides to COMTECH21’s End User local calling and the ability to presubscribe to a primary carrier for intraLATA and/or to presubscribe to a primary carrier for interLATA toll service. 4.2.7 Provided that COMTECH21 purchases unbundled local switching from BellSouth and uses the BellSouth Carrier Identification Code (CIC) for its End Users' Local Preferred Interexchange Carrier (LPIC) or if a BellSouth local End User selects BellSouth as its LPIC, then the Parties will consider as local any calls originated by a COMTECH21 local End User, or originated by a BellSouth local End User and terminated to a COMTECH21 local End User, where such calls originate and terminate in the same LATA, except for those calls originated and terminated through switched access arrangements (i.e., calls that are transported by a Party other than BellSouth). For such calls, BellSouth will charge COMTECH21 the UNE elements for the BellSouth facilities utilized. Neither Party shall ▇▇▇▇ the other originating or terminating switched access charges for such calls. Intercarrier compensation for local calls between BellSouth and COMTECH21 shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.8 Where COMTECH21 purchases unbundled local switching from BellSouth but does not use the BellSouth CIC for its End Users’ LPIC, BellSouth will consider as local those direct dialed telephone calls that originate from a COMTECH21 End User and terminate within the basic local calling area or within the extended local calling areas and that are dialed using seven (7) or ten (10) digits as defined and specified in Section A3 of BellSouth’s General Subscriber Services Tariffs (GSST). For such local calls, BellSouth will charge COMTECH21 the UNE elements for the BellSouth facilities utilized. Intercarrier compensation for local calls between BellSouth and COMTECH21 shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.9 For any calls that originate and terminate through switched access arrangements (i.e., calls that are transported by a party other than BellSouth), BellSouth shall ▇▇▇▇ COMTECH21 the UNE elements for the BellSouth facilities utilized. Each Party may ▇▇▇▇ the toll provider originating or terminating switched access charges as appropriate.

Local Circuit Switching Capability, including Tandem Switching Capability. 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling signaling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for COMTECH21 for a particular End User FPB when COMTECH21: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro- Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA; or (2) FPB serves an End User with a DS1 or higher capacity Loop in any service area covered by this Agreement. To the extent that COMTECH21 FPB is serving any End User as described in (2) above as of the Effective Date of this AgreementOctober 2, 2003, such End User’s arrangement may not remain in place and any longer than April 1, 2004, after which such Arrangement arrangement must be terminated by COMTECH21 or transitioned by COMTECH21, pursuant to Section 1.8 of this Attachment FPB or BellSouth shall disconnect convert such Arrangements pursuant arrangement to Section 1.8tariff pricing. The filing of this Amendment with the applicable Commission shall constitute the filing of the joint transition plan specified by the FCC. 4.2.3 Rates for unbundled switching at the DS1 level and above or for combinations with unbundled switching at the DS1 level and above provisioned prior to the Effective Date of this Agreement Amendment shall be those rates set forth in Exhibit A of this Attachment until April 1, 2004. 4.2.4 Local Switching that is not required to be provided as a UNE will be provided pursuant to a separate agreement or a tariff, at BellSouth’s discretion. 4.2.5 Unbundled Local Switching consists of three separate unbundled elements: Unbundled Ports, End Office Switching Functionality, and End Office Interoffice Trunk Ports. 4.2.6 Unbundled Local Switching combined with Common Transport and, if necessary, Tandem Switching provides to COMTECH21FPB’s End User local calling and the ability to presubscribe to a primary carrier for intraLATA and/or to presubscribe to a primary carrier for interLATA toll service. 4.2.7 Provided that COMTECH21 FPB purchases unbundled local switching from BellSouth and uses the BellSouth Carrier Identification Code (CIC) for its End Users' Local Preferred Interexchange Carrier (LPIC) or if a BellSouth local End User selects BellSouth as its LPIC, then the Parties will consider as local any calls originated by a COMTECH21 FPB local End User, or originated by a BellSouth local End User and terminated to a COMTECH21 FPB local End User, where such calls originate and terminate in the same LATA, except for those calls originated and terminated through switched access arrangements (i.e., calls that are transported by a Party other than BellSouth). For such calls, BellSouth will charge COMTECH21 FPB the UNE elements for the BellSouth facilities utilized. Neither Party shall ▇▇▇▇ the other originating or terminating switched access charges for such calls. Intercarrier compensation for local calls between BellSouth and COMTECH21 FPB shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.8 Where COMTECH21 FPB purchases unbundled local switching from BellSouth but does not use the BellSouth CIC for its End Users’ LPIC, BellSouth will consider as local those direct dialed telephone calls that originate from a COMTECH21 FPB End User and terminate within the basic local calling area or within the extended local calling areas and that are dialed using seven (7) or ten (10) digits as defined and specified in Section A3 of BellSouth’s General Subscriber Services Tariffs (GSST). For such local calls, BellSouth will charge COMTECH21 FPB the UNE elements for the BellSouth facilities utilized. Intercarrier compensation for local calls between BellSouth and COMTECH21 FPB shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.9 For any calls that originate and terminate through switched access arrangements (i.e., calls that are transported by a party other than BellSouth), BellSouth shall ▇▇▇▇ COMTECH21 FPB the UNE elements for the BellSouth facilities utilized. Each Party may ▇▇▇▇ the toll provider originating or terminating switched access charges as appropriate.

Local Circuit Switching Capability, including Tandem Switching Capability. 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for COMTECH21 for a particular End User ACN when COMTECH21ACN: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Gastonia- Rock Hill, NC; Greensboro- Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA; or (2) serves an End User with a DS1 or higher capacity Loop in any service area covered by this Agreement. To the extent that COMTECH21 ACN is serving any End User as described in (2) above as of the Effective Date of this AgreementOctober 2, 2003, such End User’s arrangement may not remain in place and any longer than April 1, 2004, after which such Arrangement arrangement must be terminated by COMTECH21 or transitioned by COMTECH21, pursuant to Section 1.8 of this Attachment ACN or BellSouth shall disconnect convert such Arrangements pursuant arrangement to Section 1.8tariff pricing. The filing of this Agreement with the applicable Commission shall constitute the filing of the joint transition plan specified by the FCC. 4.2.3 Rates for unbundled switching at the DS1 level and above or for combinations with unbundled switching at the DS1 level and above provisioned prior to the Effective Date of this Agreement Amendment shall be those rates set forth in Exhibit A of this Attachment until April 1, 2004. 4.2.4 Local Switching that is not required to be provided as a UNE will be provided pursuant to a separate agreement or a tariff, at BellSouth’s discretion. 4.2.5 Unbundled Local Switching consists of three separate unbundled elements: Unbundled Ports, End Office Switching Functionality, and End Office Interoffice Trunk Ports. 4.2.6 Unbundled Local Switching combined with Common Transport and, if necessary, Tandem Switching provides to COMTECH21ACN’s End User local calling and the ability to presubscribe to a primary carrier for intraLATA and/or to presubscribe to a primary carrier for interLATA toll service. 4.2.7 Provided that COMTECH21 ACN purchases unbundled local switching from BellSouth and uses the BellSouth Carrier Identification Code (CIC) for its End Users' Local Preferred Interexchange Carrier (LPIC) or if a BellSouth local End User selects BellSouth as its LPIC, then the Parties will consider as local any calls originated by a COMTECH21 ACN local End User, or originated by a BellSouth local End User and terminated to a COMTECH21 ACN local End User, where such calls originate and terminate in the same LATA, except for those calls originated and terminated through switched access arrangements (i.e., calls that are transported by a Party other than BellSouth). For such calls, BellSouth will charge COMTECH21 ACN the UNE elements for the BellSouth facilities utilized. Neither Party shall ▇▇▇▇ the other originating or terminating switched access charges for such calls. Intercarrier compensation for local calls between BellSouth and COMTECH21 ACN shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.8 Where COMTECH21 ACN purchases unbundled local switching from BellSouth but does not use the BellSouth CIC for its End Users’ LPIC, BellSouth will consider as local those direct dialed telephone calls that originate from a COMTECH21 ACN End User and terminate within the basic local calling area or within the extended local calling areas and that are dialed using seven (7) or ten (10) digits as defined and specified in Section A3 of BellSouth’s General Subscriber Services Tariffs (GSST). For such local calls, BellSouth will charge COMTECH21 ACN the UNE elements for the BellSouth facilities utilized. Intercarrier compensation for local calls between BellSouth and COMTECH21 ACN shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.9 For any calls that originate and terminate through switched access arrangements (i.e., calls that are transported by a party other than BellSouth), BellSouth shall ▇▇▇▇ COMTECH21 ACN the UNE elements for the BellSouth facilities utilized. Each Party may ▇▇▇▇ the toll provider originating or terminating switched access charges as appropriate.

Local Circuit Switching Capability, including Tandem Switching Capability. 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for COMTECH21 for a particular End User Nex-Phon when COMTECH21Nex-Phon: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Gastonia- Rock Hill, NC; Greensboro- Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA; or (2) serves an End User with a DS1 or higher capacity Loop in any service area covered by this Agreement. To the extent that COMTECH21 Nex-Phon is serving any End User as described in (2) above as of the Effective Date of this AgreementOctober 2, 2003, such End User’s arrangement may not remain in place and any longer than April 1, 2004, after which such Arrangement arrangement must be terminated by COMTECH21 or transitioned by COMTECH21, pursuant to Section 1.8 of this Attachment Nex-Phon or BellSouth shall disconnect convert such Arrangements pursuant arrangement to Section 1.8tariff pricing. The filing of this Agreement with the applicable Commission shall constitute the filing of the joint transition plan specified by the FCC. 4.2.3 Rates for unbundled switching at the DS1 level and above or for combinations with unbundled switching at the DS1 level and above provisioned prior to the Effective Date of this Agreement Amendment shall be those rates set forth in Exhibit A of this Attachment until April 1, 2004. 4.2.4 Local Switching that is not required to be provided as a UNE will be provided pursuant to a separate agreement or a tariff, at BellSouth’s discretion. 4.2.5 Unbundled Local Switching consists of three separate unbundled elements: Unbundled Ports, End Office Switching Functionality, and End Office Interoffice Trunk Ports. 4.2.6 Unbundled Local Switching combined with Common Transport and, if necessary, Tandem Switching provides to COMTECH21Nex-Phon’s End User local calling and the ability to presubscribe to a primary carrier for intraLATA and/or to presubscribe to a primary carrier for interLATA toll service. 4.2.7 Provided that COMTECH21 Nex-Phon purchases unbundled local switching from BellSouth and uses the BellSouth Carrier Identification Code (CIC) for its End Users' Local Preferred Interexchange Carrier (LPIC) or if a BellSouth local End User selects BellSouth as its LPIC, then the Parties will consider as local any calls originated by a COMTECH21 Nex-Phon local End User, or originated by a BellSouth local End User and terminated to a COMTECH21 Nex-Phon local End User, where such calls originate and terminate in the same LATA, except for those calls originated and terminated through switched access arrangements (i.e., calls that are transported by a Party other than BellSouth). For such calls, BellSouth will charge COMTECH21 Nex-Phon the UNE elements for the BellSouth facilities utilized. Neither Party shall ▇▇▇▇ bill the other originating or terminating switched access charges for such calls. Intercarrier compensation for local calls between BellSouth and COMTECH21 Nex-Phon shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.8 Where COMTECH21 Nex-Phon purchases unbundled local switching from BellSouth but does not use the BellSouth CIC for its End Users’ LPIC, BellSouth will consider as local those direct dialed telephone calls that originate from a COMTECH21 Nex-Phon End User and terminate within the basic local calling area or within the extended local calling areas and that are dialed using seven (7) or ten (10) digits as defined and specified in Section A3 of BellSouth’s General Subscriber Services Tariffs (GSST). For such local calls, BellSouth will charge COMTECH21 Nex-Phon the UNE elements for the BellSouth facilities utilized. Intercarrier compensation for local calls between BellSouth and COMTECH21 Nex-Phon shall be as described in BellSouth’s UNE Local Call Flows set forth on BellSouth’s website. 4.2.9 For any calls that originate and terminate through switched access arrangements (i.e., calls that are transported by a party other than BellSouth), BellSouth shall ▇▇▇▇ COMTECH21 bill Nex-Phon the UNE elements for the BellSouth facilities utilized. Each Party may ▇▇▇▇ bill the toll provider originating or terminating switched access charges as appropriate.