Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 10.5.1 BroadRiver may not convert special access services to combinations of loop and transport network elements, whether or not BroadRiver self-provides its entrance facilities (or obtains entrance facilities from a third party), unless BroadRiver uses the combination to provide a “significant amount of local exchange service” (as described in Section 10.5.2 below), in addition to exchange access service, to a particular customer. DC01/HEITJ/118622.1 10.5.2 For the purpose of special access conversions, a “significant amount of local exchange service” is as defined in the FCC’s Supplemental Order Clarification, released June 2, 2000, in CC Docket No. 96-98 (“June 2, 2000 Order”). The Parties agree to incorporate by reference paragraph 22 of the June 2, 2000 Order. When BroadRiver requests conversion of special access circuits, BroadRiver will self-certify to BellSouth in the manner specified in paragraph 29 of the June 2, 2000 Order that the circuits to be converted qualify for conversion. In addition there may be extraordinary circumstances where BroadRiver is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in paragraph 22 of June 2, 2000 Order. In such case, BroadRiver 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 BroadRiver’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 10.5.3 Upon request for conversions of up to 15 circuits from special access to EELs, BellSouth shall perform such conversions within seven (7) days from BellSouth’s receipt of a valid, error free service order from BroadRiver. Requests for conversions of fifteen (15) or more circuits from special access to EELs will be provisioned on a project basis. Conversions should not require the special access circuit to be disconnected and reconnected because only the billing information or other administrative information associated with the circuit will change when BroadRiver requests a conversion. The Access Service Request process will be used for conversion requests. 10.5.4 BellSouth may, at its sole expense, and upon thirty (30) days notice to BroadRiver, audit BroadRivers records not more than one in any twelve month period, unless an audit finds non-compliance with the local usage options referenced in the June 2, 2000 Order, in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. If, based on its audits, BellSouth concludes that BroadRiver 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 this 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 BroadRiver.

Special Access Service Conversions. 10.5.1 BroadRiver Connect! may not convert special access services to combinations of loop and transport network elements, whether or not BroadRiver Connect! self-provides its entrance facilities (or obtains entrance facilities from a third party), unless BroadRiver Connect! uses the combination to provide a “significant amount of local exchange service” (as described in Section 10.5.2 below), in addition to exchange access service, to a particular customer. DC01/HEITJ/118622.1. 10.5.2 For the purpose of special access conversions, a “significant amount of local exchange service” is as defined in the FCC’s Supplemental Order Clarification, released June 2, 2000, in CC Docket No. 96-98 (“June 2, 2000 Order”). The Parties agree to incorporate by reference paragraph 22 of the June 2, 2000 Order. When BroadRiver Connect! requests conversion of special access circuits, BroadRiver Connect! will self-self- certify to BellSouth in the manner specified in paragraph 29 of the June 2, 2000 Order that the circuits to be converted qualify for conversion. In addition there may be extraordinary circumstances where BroadRiver Connect! is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in paragraph 22 of June 2, 2000 Order. In such case, BroadRiver Connect! 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 BroadRiverConnect!’s request the Parties shall amend this Agreement to the extent necessary to incorporate the terms of such waiver for such extraordinary circumstance. 10.5.3 Upon request for conversions of up to 15 circuits from special access to EELs, BellSouth shall perform such conversions within seven (7) days from BellSouth’s receipt of a valid, error free service order from BroadRiverConnect!. Requests for conversions of fifteen (15) or more circuits from special access to EELs will be provisioned on a project basis. Conversions should not require the special access circuit to be disconnected and reconnected because only the billing information or other administrative information associated with the circuit will change when BroadRiver Connect! requests a conversion. The Access Service Request process will be used for conversion requests. 10.5.4 BellSouth may, at its sole expense, and upon thirty (30) days notice to BroadRiverConnect!, audit BroadRivers Connect!s records not more than one in any twelve month period, unless an audit finds non-compliance with the local usage options referenced in the June 2, 2000 Order, in order to verify the type of traffic being transmitted over combinations of loop and transport network elements. If, based on its audits, BellSouth concludes that BroadRiver Connect! 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 this 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 BroadRiverConnect!.