Common use of Special Access Service Conversions Clause in Contracts

Special Access Service Conversions. 4.4.1 IDS Long Distance may not convert special access services to combinations of loop and transport network elements, whether or not IDS Long Distance self-provides its entrance facilities (or obtains entrance facilities from a third party), unless IDS Long Distance 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 IDS Long Distance converts its special access services to combinations of loop and transport network elements at UNE prices, IDS Long Distance, hereby, certifies that it is providing a significant amount of local exchange service over such combinations. BellSouth may at its sole discretion audit IDS Long Distance records 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 IDS Long Distance 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 IDS Long Distance. 4.4.2 EEL combinations for DS1 level and above will be available only when IDS Long Distance provides and handles at least one third of the end user’s local traffic over the facility provided. In addition, on the DS1 loop portion of the combination, at least fifty (50) percent of the activated channels must have at least five (5) percent local voice traffic individually and, for the entire DS1 facility, at least ten (10) percent of the traffic must be local voice traffic. 4.4.3 When combinations of loop and transport network elements include multiplexing, each of the individual DS1 circuits must meet the above criteria.