Declassified definition

Declassified or “Declassification” means the situation where a network element, including a network element referred to as a Lawful UNE under this Agreement, ceases to be a Lawful UNE under this Agreement because it is no longer required by Section 251(c)(3) of the Act, as determined by lawful and effective FCC rules and associated lawful and effective FCC and judicial orders. Without limitation, a Lawful UNE that has ceased to be a Lawful UNE may also be referred to as “Declassified.”
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Declassified or “Declassification” means the situation where a network element, including a network element referred to as a Lawful UNE under this Agreement, has been removed from this Agreement in accordance with Change of Applicable Law procedures in Section 21 ceases to be subject to unbundling obligations because it is no longer required by Section 251(c)(3) of the Act, as determined by non-stayed effective FCC rules and associated effective FCC and SBC's use of the term “lawful” in any manner throughout the ICA, including all Appendices, is unnecessary and creates ambiguity, and will only lead to potential for dispute between the parties as to SBC's obligations under the ICA. Any effective law, rule or regulation is by definition “lawful.” The word “lawful” should be removed from the ICA. Further, any use of other language including, without limitation, statements such as “notwithstanding anything to the contrary, SBC shall be obligated to provide UNEs only to the extent required by Section 251” should be deleted throughout the ICA for the same reason. Such language is self-serving and will enable SBC to circumvent the change of law provisions and unilaterally relieve itself of contractual obligations. Sections 251 and 252 of the Act, and the FCC's rules implementing them, provide for a clear and well-established process for negotiating ICAs and any amendments thereto. This process of negotiation and, if needed, arbitration sufficiently protects SBC's interests as WHEREAS, CLEC represents that it is, or intends to become, a provider of Telephone Exchange Service to residential and business End Users offered exclusively over its own Telephone Exchange Service facilities or predominantly over its own Telephone Exchange Service facilities in combination with the use of Lawful unbundled network elements purchased from other entity(ies) and the resale of Telecommunications Services of other carriers. 1.1.32 “Declassified” or “Declassification” means the situation where a network element, including a network element referred to as a Lawful UNE under this Agreement, ceases to be a Lawful UNE under this Agreement because it is no longer required by Section 251(c)(3) of the Act, as determined by lawful and effective FCC rules and associated lawful and effective FCC and judicial orders. Without limitation, a Lawful UNE that has ceased to be a Lawful UNE may SBC's proposed “Lawful UNE” language specifically addresses the Declassification of UNEs that began with USTA I, conti...
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Declassified or “Declassification” means the situation where a network element, including a network element referred to as a Section 251(c)(3) UNE under this Agreement, has been removed from this Agreement in accordance with Change of Applicable Law procedures in section 21 because it ceases to be Section 251(c)(3) UNEsubject to unbundling obligations because it is no longer required by Section 251(c)(3) of the Act, as determined by non-stayed effective FCC rules and associated effective FCC and judicial orders. Without limitation, a Section 251(c)(3) UNE that has ceased to be a Section 251(c)(3) UNE and has been removed pursuant to the Change of Applicable Law provisions of this Agreement may be referred to as “Declassified.”
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Examples of Declassified in a sentence

  • Declassified documents then shall be reviewed to determine if they are publicly releasable.

  • Upon receipt of such written notice, CLEC will cease ordering new elements that are identified as Declassified or as otherwise no longer being a 251(c)(3) UNE in the AT&T notice letter.

  • The database search included the DOE Legacy Management Considered Sites database, the DOE Office of Scientific and Technical Information (OSTI) database, the Energy Citations database, the Atomic Energy Technical Report database, and the Hanford Declassified Document Retrieval System.

  • Declassified information may be designated CUI in accordance with Volume 4 of this Manual if it meets the criteria for designation; information so designated shall be marked and protected as Volume 4 requires.

  • Karen DeYoung, Newly Declassified Document Sheds Light on How President Approves Drone Strikes, Wash.

  • If both wire centers defining a requested route are either Tier 1 or Tier 2 Wire Centers, then Dedicated Transport Dark Fiber circuits on such routes are Declassified and no longer available as UNEs under this Agreement.

  • Once a wire center exceeds these thresholds, no future DS3 Digital Loop unbundling will be required in that wire center, or any buildings served by that wire center, and DS3 Digital Loops in that wire center, or any buildings served by that wire center, shall be Declassified, and no longer available as 251(c)(3) UNEs under this Agreement.

  • Subject to the caps set forth in Sections 5.3.3.1 and 5.3.3.2, 251(c)(3) Unbundled Dedicated Transport (“UDT”) will be provided only where such facilities exist at the time of CLEC request, and only over routes that UNE Dedicated Transport has not been Declassified.

  • Declassified StudentsIn accordance with law, the CSE must conduct a manifestation determination in the case of a student with an educational disability who has been declassified if the disciplinary matter involves behavioral problems.

  • The database search included the DOE Legacy Management Considered Sites database, the DOE Office of Scientific and Technical Information (OSTI) database, the Energy Citations database, and the Hanford Declassified Document Retrieval System.


More Definitions of Declassified

Declassified means a UNE that it is not required by Section 251(c)(3) of the Act, as determined by 251(c)(3), effective FCC rules and applicable judicial orders. Without limitation, a UNE is Declassified upon or by (a) the issuance of an effective finding by a court of competent jurisdiction or the FCC finding that requesting Telecommunications Carriers are not impaired without access to a particular UNE consistent with Article IX of the underlying Agreement as amended; or (b) an effective determination by Congress, a court of competent jurisdiction or the FCC finding that an ILEC is not required or is no longer required, to provide the UNE pursuant to Section 251(c)(3) of the Act consistent with Article IX of the underlying Agreement as amended. By way of example only, a UNE can be Declassified generally, or on an element-specific, Route-specific or geographically-specific basis or on a class of elements basis.
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Declassified or “Declassification” means the situation where a network element, including a network element referred to as a 251 (c)(3)UNE under this Agreement, ceases to be a 251
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Declassified or “Declassification” means the situation where a network element, including a network element referred to as a Lawful UNE under this Agreement, ceases to be a Lawful UNE under this Agreement because it is no longer required by Section 251(c)(3) of the Act, as determined by lawful and effective FCC rules and associated lawful and effective FCC and judicial orders. Without limitation, a Lawful UNE that has ceased to be a Lawful UNE
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Related to Declassified

  • Reclassification means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in that position.

  • Outstanding when used with respect to Securities, means, as of the date of determination, all Securities theretofore authenticated and delivered under this Indenture, except:

  • Class when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans comprising such Borrowing, are Revolving Loans or Swingline Loans.

  • Preference Stock means any and all series of preference stock, having no par value, of the Corporation.

  • Recapitalization means any stock dividend, stock split, combination of shares, reorganization, recapitalization, reclassification or other similar event.

  • Capital Stock of any Person means any and all shares, interests, rights to purchase, warrants, options, participations or other equivalents of or interests in (however designated) equity of such Person, including any Preferred Stock, but excluding any debt securities convertible into such equity.

  • Consolidation means, with respect to any Person, the consolidation of the accounts of such Person and each of its Subsidiaries if and to the extent the accounts of such Person and each of its Subsidiaries would normally be consolidated with those of such Person, all in accordance with GAAP. The term “Consolidated” shall have a similar meaning.

  • Preferred Stock as applied to the Capital Stock of any corporation, means Capital Stock of any class or classes (however designated) which is preferred as to the payment of dividends, or as to the distribution of assets upon any voluntary or involuntary liquidation or dissolution of such corporation, over shares of Capital Stock of any other class of such corporation.

  • Company Preferred Stock means the Preferred Stock, par value $0.001 per share, of the Company.

  • Conversion Factor means 1.0, provided that in the event that the General Partner (i) declares or pays a dividend on its outstanding REIT Shares wholly or partly in REIT Shares or makes a distribution to all holders of its outstanding REIT Shares wholly or partly in REIT Shares, (ii) subdivides its outstanding REIT Shares, or (iii) combines its outstanding REIT Shares into a smaller number of REIT Shares, the Conversion Factor shall be adjusted by multiplying the Conversion Factor by a fraction, the numerator of which shall be the number of REIT Shares issued and outstanding on the record date for such dividend, distribution, subdivision or combination (assuming for such purposes that such dividend, distribution, subdivision or combination has occurred as of such time), and the denominator of which shall be the actual number of REIT Shares (determined without the above assumption) issued and outstanding on such date and, provided further, that in the event that an entity other than an Affiliate of the General Partner shall become General Partner pursuant to any merger, consolidation or combination of the General Partner with or into another entity (the “Successor Entity”), the Conversion Factor shall be adjusted by multiplying the Conversion Factor by the number of shares of the Successor Entity into which one REIT Share is converted pursuant to such merger, consolidation or combination, determined as of the date of such merger, consolidation or combination. Any adjustment to the Conversion Factor shall become effective immediately after the effective date of such event retroactive to the record date, if any, for such event; provided, however, that if the General Partner receives a Notice of Redemption after the record date, but prior to the effective date of such dividend, distribution, subdivision or combination, the Conversion Factor shall be determined as if the General Partner had received the Notice of Redemption immediately prior to the record date for such dividend, distribution, subdivision or combination.