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Customer Name: Southern Light, LLC - AT&T Clec Online

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Page 82 of 374<br />

ATT 2 – NETWORK ELEMENTS AND OTHER SERVICES/AT&T-9STATE<br />

PAGE 33 OF 44<br />

<strong>Southern</strong> <strong>Light</strong><br />

1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08<br />

4.3.4.2.4 4) Each circuit to be provided to each customer will terminate in a collocation arrangement that<br />

meets the requirements of 47 C.F.R. § 51.318(c);<br />

4.3.4.2.5 5) Each circuit to be provided to each customer will be served by an interconnection trunk over<br />

which <strong>Southern</strong> <strong>Light</strong> will transmit the calling party’s number in connection with calls exchanged<br />

over the trunk;<br />

4.3.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, <strong>Southern</strong> <strong>Light</strong><br />

will have at least one (1) active DS1 local service interconnection trunk over which <strong>Southern</strong> <strong>Light</strong><br />

will transmit the calling party’s number in connection with calls exchanged over the trunk; and<br />

4.3.4.2.7 7) Each circuit to be provided to each customer will be served by a switch capable of switching local<br />

voice traffic.<br />

4.3.4.3 AT&T may, on an annual basis, audit <strong>Southern</strong> <strong>Light</strong>’s records in order to verify compliance with the<br />

qualifying service eligibility criteria. To invoke the audit, AT&T will send a Notice of Audit to<br />

<strong>Southern</strong> <strong>Light</strong>. Such Notice of Audit will be delivered to <strong>Southern</strong> <strong>Light</strong> no less than thirty (30)<br />

days prior to the date upon which AT&T seeks to commence an audit.<br />

4.3.4.3.1 Such Notice of Audit to <strong>Southern</strong> <strong>Light</strong> shall state AT&T’s concern that <strong>Southern</strong> <strong>Light</strong> is not<br />

complying with the service eligibility requirements as set forth above and a concise statement of the<br />

reasons therefor. AT&T is not required to provide documentation, as distinct from a statement of<br />

concern, to support its basis for an audit, or seek the concurrence of the requesting carrier before<br />

selecting the location of the audit. AT&T may select the independent auditor without the prior<br />

approval of <strong>Southern</strong> <strong>Light</strong> or the Commission. Challenges to the independence of the auditor may<br />

be filed with the Commission only after the audit has been concluded.<br />

4.3.4.3.2 For the state of Alabama, <strong>Southern</strong> <strong>Light</strong> may, however, challenge the legal qualifications of the<br />

auditor selected by filing an objection to that effect with the Commission within 10 days of receiving<br />

AT&T’s Notice of Audit.<br />

4.3.4.3.3 For the state of Louisiana, AT&T’s notice to <strong>Southern</strong> <strong>Light</strong> shall include a listing of the circuits for<br />

which AT&T alleges noncompliance, including all supporting documentation and a list of three<br />

auditors from which <strong>Southern</strong> <strong>Light</strong> may choose one to conduct the audit.<br />

4.3.4.4 The audit shall be conducted by a third party independent auditor, and the audit must be performed<br />

in accordance with the standards established by the American Institute for Certified Public<br />

Accountants (AICPA) which will require the auditor to perform an “examination engagement” and<br />

issue a report regarding <strong>Southern</strong> <strong>Light</strong>’s compliance with the high capacity EEL eligibility criteria.<br />

AICPA standards and other AICPA requirements will be used to determine the independence of an<br />

auditor. The independent auditor’s report will conclude whether <strong>Southern</strong> <strong>Light</strong> complied in all<br />

material respects with the applicable service eligibility criteria. Consistent with standard auditing<br />

practices, such audits require compliance testing designed by the independent auditor.<br />

4.3.4.5 To the extent the independent auditor’s report concludes that <strong>Southern</strong> <strong>Light</strong> failed to comply with<br />

the service eligibility criteria, <strong>Southern</strong> <strong>Light</strong> must true-up any difference in payments, convert all<br />

noncompliant circuits to the appropriate service, and make the correct payments on a going-<br />

CCCS 82 of 370

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