APPLICATION OF FEDERAL REQUIREMENTS AND OBLIGATIONS. 5.1 The Parties acknowledge and agree that this Amendment is the result of ICC rate orders and solely addresses pricing. Accordingly, the Parties further acknowledge and agree that no aspect of this Amendment qualifies for portability into any other state under any state or federal statute, regulation, order or legal obligation (collectively "Law"), if any. The Parties also acknowledge that the entirety of this Amendment and its provisions are non-severable, and are “legitimately related” as that phrase is understood under Section 252(i) of Title 47, United States Code.
APPLICATION OF FEDERAL REQUIREMENTS AND OBLIGATIONS. 5.1 The Parties acknowledge and agree that this Amendment is the result of the Orders. The Parties further acknowledge and agree that because the Non-Voluntary Terms are being incorporated herein solely due to the Orders and constitute pricing and tariffing results, the Non-Voluntary Terms and legitimately related terms do not qualify for portability under Paragraph 43 of the SBC/Ameritech Merger Conditions, approved by the FCC’s Memorandum Opinion and Order, CC Docket 98-141 (rel. October 8, 1999), or any other applicable MFN Merger Conditions and are not available in any state other than the State of Illinois. The parties further acknowledge and agree that this Amendment was therefore agreed upon outside of the negotiation procedures of 47 U.S.C. § 252(a)(1). (See SBC/Ameritech Order in CC Docket No. 98-141, FCC 99-279 at Condition 43, and Note 725). The parties further acknowledge that the entirety of this Amendment and its provisions are non-severable, and are “legitimately related” as that phrase is understood under Section 252(i) of Title 47, United States Code, notwithstanding the fact that Section 252(i) does not apply to this Amendment.
APPLICATION OF FEDERAL REQUIREMENTS AND OBLIGATIONS. 5.1 This Amendment is the result of the PSCW’s UNE Compliance Order, 187 Order and Category 3 Order and solely addresses rates. Accordingly, no aspect of this Amendment qualifies for portability into any other state under any state or federal statute, regulation, order or legal obligation (collectively "Law"), if any. The entirety of this Amendment and its provisions are non-severable, and are “legitimately related” as that phrase has been understood under Section 252(i) of Xxxxx 00, Xxxxxx Xxxxxx Code. Nothing herein alters any obligation of any Party under the FCC’s Orders.
APPLICATION OF FEDERAL REQUIREMENTS AND OBLIGATIONS. 6.1 It is Ameritech’s position that this Amendment is the result of an Illinois law imposing Illinois-specific requirements that are provided under Ameritech’s Illinois intrastate tariffs, and is not entered into to fulfill any Section 251 or 252 requirement or obligation. Ameritech is not admitting that this Amendment or any subject addressed herein is subject to Section 251 or 252, nor is either party waiving its rights to take any position with respect to the application of the Section 251/252 process hereto or to the PUA and any obligation arising thereunder. It is further Ameritech’s position that this Amendment was agreed upon outside of the negotiation procedures of 47 U.S.C. Section 252(a)(1). (See SBC/Ameritech Order in CC Docket No. 98-141, FCC 99-279 at Condition 43, and Note 725). It is further Ameritech’s position that the entirety of this Amendment and its provisions are non-severable, and are “legitimately related” as that phrase is understood under Section 252(i) of Title 47, United States Code, notwithstanding the fact that Section 252(i) does not apply to this Amendment.
