Common use of UNE Clause in Contracts

UNE. SBC Illinois believes that it is not required to include Section 271 network elements in any Commingled Arrangement, even those that include one or more Section 251(c)(3) UNEs. In contrast, CLEC believes that as long as a Commingled Arrangement includes one or more Section 251(c)(3) UNEs, SBC Illinois must commingle Section 271 elements with such UNE(s) if requested by CLEC. Without waiving any rights and without prejudice to any position CLEC may take in a subsequent proceeding, for purposes of this Amendment, CLEC agrees that it will not order, and SBC Illinois shall not be required to provision, Commingled Arrangements that include one or more Section 271 network elements. SBC Illinois agrees that CLEC's agreement in this section shall not constitute a precedent that can be used against CLEC in any proceeding except a proceeding to clarify and/or interpret this Agreement, including this Amendment.

UNE. SBC Illinois believes that it is not required to include Section 271 network elements in any Commingled Arrangement, even those that include one or more Section 251(c)(3) UNEs. In contrast, CLEC Comcast believes that as long as a Commingled Arrangement includes one or more Section 251(c)(3) UNEs, SBC Illinois must commingle Section 271 elements with such UNE(s) if requested by CLECComcast. Without waiving any rights and without prejudice to any position CLEC Comcast may take in a subsequent proceeding, for purposes of this Amendment, CLEC Amendment Comcast agrees that it will not order, and SBC Illinois shall not be required to provision, Commingled Arrangements that include one or more Section 271 network elements. SBC Illinois agrees that CLECComcast's agreement in this section shall not constitute a precedent that can be used against CLEC Comcast in any proceeding except a proceeding to clarify and/or interpret this Agreement, including this Amendment.