Unbundled Network Elements and Combinations. On January 25, 1999, the United States Supreme Court vacated 47 C.F.R. 51.319 (“FCC Rule 319”) which was in effect at the time the Commission conducted the arbitration proceeding and issued its Orders pursuant to which this Agreement was produced (the “Commission’s Orders”). GTE believes that as a result of the Court’s decision it is not legally obligated to unbundle the network elements identified by the Commission’s Orders. The Parties anticipate, however, that the FCC will issue new final rules regarding unbundling of network elements (the “New Rules”). The Court also ruled that 47 C.F.R. 315(b), concerning combinations of currently-combined network elements is lawful. AT&T believes that pursuant to the Court’s decision and other Applicable Law AT&T is legally entitled to obtain Combinations from GTE. Notwithstanding GTE’s understanding of its current legal obligations, and without waiving any of its rights including, but not limited to, its rights to seek recovery of its actual costs and a sufficient explicit universal service fund, and its right to assert that under the Court’s decision it is not required to provide unbundled network elements unconditionally, GTE will provide to AT&T, subject to the terms and conditions set forth herein, the individual unbundled network elements common to FCC Rule 319 and Section 32.9 of this Agreement until the FCC issues the New Rules. Notwithstanding AT&T’s understanding of its current legal right to obtain Unused Transmission Media and Combinations from GTE, AT&T, without waiver of any of its rights concerning Combinations and Unused Transmission Media including, but not limited to, the right to obtain such Combinations, agrees not to seek or require GTE to provide Unused Transmission Media or Combinations in the State until the FCC issues the New Rules, and sections contained in this Agreement that are identified as containing issues with regard to Unused Transmission Media and Combinations shall be of no force and effect to the extent they require or raise issues with regard to provision of Unused Transmission Media and Combinations. Subject to the terms and conditions of this Section 1.1, neither Party desires to delay either approval or implementation of the terms and conditions of this Agreement in the normal course under the Act, other than those related to Unused Transmission Media and the Combination issue. Neither Party desires to relinquish its rights as they pertain to unbundled network elements or the ...
