UNEs, and Declassification Clause Samples
The "UNEs, and Declassification" clause defines the rules and procedures for handling Unbundled Network Elements (UNEs) and the process by which certain information or assets may be reclassified or declassified. In practice, this clause typically outlines the conditions under which network elements provided by one telecommunications provider to another must be made available, as well as the steps required to change the classification status of these elements or related data. Its core function is to ensure regulatory compliance and operational clarity in the management and sharing of network infrastructure, thereby preventing disputes and facilitating efficient service provision.
UNEs, and Declassification. 1.2.1 As a result of the FCC’s Triennial Review Order, certain Unbundled Network Elements were removed from the FCC’s list of Section 251 Unbundled Network Elements (“Declassified”) because the FCC concluded that CLECs were unimpaired by the unavailability of these network elements as UNEs under Section 251 of the Act. In addition, the FCC determined that CLECs would have access to certain elements as Unbundled Network Elements under Section 251 only under certain circumstances, and further directed the state commissions to determine whether CLECs are impaired without access to local switching as a UNE under Section 251 in particular geographic market areas and impaired without access to certain loops and transport routes as UNEs under Section 251. The D.C. Circuit in USTA II vacated portions of the FCC’s decisions in the TRO, and vacated and remanded other portions of the TRO. At the time the parties are negotiating this Agreement, the FCC has issued permanent UNE rules under Section 251 in response to the D.C. Circuit’s vacatur and remand. The permanent UNE rules implement a transition process for certain network elements that no longer will be UNEs under Section 251 and provide that other network elements will not be UNEs under Section 251, either in total, or in certain locations. As a result, the Parties have determined it is appropriate to establish a process in this Agreement to address Declassified UNEs.
1.2.2 In this Attachment UNE and Agreement, the terms “Declassified” or “Declassification” mean the situation where AT&T OKLAHOMA is not required, or is no longer required, to provide a network element on an unbundled basis pursuant to Section 251(c)(3) of the Act as a result of the issuance of a finding by the FCC that requesting Telecommunications Carriers are not impaired without access to a particular network element on an unbundled basis.
UNEs, and Declassification. This Agreement sets forth the terms and conditions pursuant to which SBC TEXAS will provide CLEC with access to 251(c)(3) Unbundled Network Elements under Section 251(c)(3) of the Act in SBC TEXAS' incumbent local exchange areas for the provision of Telecommunications Services by CLEC; provided, however, that notwithstanding any other provision of the Agreement, SBC TEXAS shall be obligated to provide UNEs pursuant to this interconnection agreement only to the extent required by Section 251(c)(3) of the Act, as determined by effective FCC rules and orders. UNEs that SBC TEXAS is required to provide pursuant to Section 251(c)(3) of the Act, as determined by FCC rules and orders shall be referred to in this Agreement as “251(c)(3) UNEs.” Nothing contained in the aforementioned contract language is intended to limit CLEC’s right to access 271 Network Elements outside of this interconnection agreement. Future declassifications of unbundled network elements beyond those already identified by the FCC in the TRO and TRRO shall be governed by the “Section 3.0 Change of Law/Reservation of Rights” Provisions of the ICA.