Common use of Special Access Service Conversions Clause in Contracts

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

Special Access Service Conversions. (a/k/a Non5.3.7.1 E-Switched Combinations) 5.3.7.1 aXessa Z Access may not convert special access services to combinations of loop and transport network elements, whether or not aXessa E-Z Access self-provides its entrance facilities (or obtains entrance facilities from a third party), unless aXessa E-Z Access 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 aXessa E-Z Access requests to convert any special access services to combinations of loop and transport network elements at UNE prices, aXessa E-Z Access shall provide to BellSouth a letter certifying that aXessa E-Z Access 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 aXessa E-Z Access seeks to qualify for conversion of special access circuits. aXessa E-Z Access 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 aXessa E-Z Access certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at aXessaE-Z Access’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, aXessa E-Z Access is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. aXessa E-Z Access 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 aXessa E-Z Access 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 aXessaE-Z Access’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 aXessa E-Z Access 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. aXessa E-Z Access 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 aXessa E-Z Access is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.75.3. 17.1. In such case, aXessa E-Z Access 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 aXessaE-Z Access’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 aXessa E-Z Access 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 aXessa E-Z Access 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, aXessa E-Z Access shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that aXessa E-Z Access 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 aXessaE-Z Access. 5.3.7.4 aXessa E-Z Access may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. (a/k/a Non5.3.7.1 E-Switched Combinations) 5.3.7.1 aXessa Tel may not convert special access services to combinations of loop and transport network elements, whether or not aXessa E-Tel self-provides its entrance facilities (or obtains entrance facilities from a third party), unless aXessa E-Tel 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 aXessa E-Tel requests to convert any special access services to combinations of loop and transport network elements at UNE prices, aXessa E-Tel shall provide to BellSouth a letter certifying that aXessa E-Tel 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 aXessa E-Tel seeks to qualify for conversion of special access circuits. aXessa E-Tel 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 aXessa E-Tel certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at aXessaE-Tel’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, aXessa E-Tel is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. aXessa E-Tel 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 aXessa E-Tel 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 aXessaE-Tel’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 aXessa E-Tel 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. aXessa E-Tel 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 aXessa E-Tel is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.75.3. 17.1. In such case, aXessa E-Tel 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 aXessaE-Tel’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 aXessa E-Tel 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 aXessa E-Tel 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, aXessa E-Tel shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that aXessa E-Tel 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 aXessaE-Tel. 5.3.7.4 aXessa E-Tel may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.

Special Access Service Conversions. (a/k/a Non-Switched Combinations) 5.3.7.1 aXessa Broadslate may not convert special access services to combinations of loop and transport network elements, whether or not aXessa Broadslate self-provides its entrance facilities (or obtains entrance facilities from a third party), unless aXessa Broadslate 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 aXessa Broadslate requests to convert any special access services to combinations of loop and transport network elements at UNE prices, aXessa Broadslate shall provide to BellSouth a letter certifying that aXessa Broadslate 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 aXessa Broadslate seeks to qualify for conversion of special access circuits. aXessa Broadslate 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 aXessa Broadslate certifies that it is the exclusive provider of an end user’s local exchange service. The loop-transport combinations must terminate at aXessaBroadslate’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, aXessa Broadslate is the end user’s only local service provider, and thus, is providing more than a significant amount of local exchange service. aXessa Broadslate 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 aXessa Broadslate 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 aXessaBroadslate’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 aXessa Broadslate 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. aXessa Broadslate 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 aXessa ▇▇▇▇▇▇▇▇▇▇ is providing a significant amount of local exchange service, but does not qualify under any of the three options set forth in Section 5.3.75.3. 17.1. In such case, aXessa Broadslate 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 aXessa▇▇▇▇▇▇▇▇▇▇’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 aXessa Broadslate 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 aXessa Broadslate 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, aXessa ▇▇▇▇▇▇▇▇▇▇ shall reimburse BellSouth for the cost of the audit. If, based on its audits, BellSouth concludes that aXessa Broadslate 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 aXessaBroadslate. 5.3.7.4 aXessa Broadslate may convert special access circuits to combinations of loop and transport UNEs pursuant to the terms of this Section and subject to the termination provisions in the applicable special access tariffs, if any.