DOCKET NO. UT-970359 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Request for Approval of Negotiated Agreement under the Telecommunications Act of 1996 Between U S WEST NEW VECTOR GROUP, INC. and GTE NORTHWEST INCORPORATED ............................................................. ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. UT-970359 ORDER APPROVING FULLY NEGOTIATED WIRELESS INTERCONNECTION AGREEMENT BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of a fully negotiated agreement under the Telecommunications Act of 1996. The agreement is between U S WEST New Vector Group, Inc. (“New Vector”) and GTE Northwest Incorporated (“GTENW”). The parties filed a joint request for approval of an agreement for wireless interconnection (“the Agreement”) on October 31, 1997. The parties executed the Agreement on October 30, 1997. On November 26, 1997, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the joint request for approval of the Agreement. At the conclusion of the open meeting, the Commission approved the Agreement as submitted. FINDINGS OF FACT 1. The Commission is an agency of the state of Washington vested by statute with the authority to regulate the rates, rules, regulations, practices, accounts, securities, and transfers of public service companies, including telecommunications companies. 2. Section 252(a)(1) of the Telecommunications Act of 1996 (the “Act”), requires parties to fully negotiated agreements to submit the agreement to the Commission for approval. Section 252(e)(2)(A) states that the Commission may only reject an agreement (or any portion thereof) adopted by negotiation if it finds that: (i) the agreement (or any portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity. 3. GTENW is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 4. U S WEST New Vector is licensed by the Federal Communications Commission as a commercial mobile radio service provider. 5. The parties filed a joint request for approval of an agreement for wireless interconnection (“the Agreement”) on October 31, 1997. 6. The parties voluntarily negotiated the entire Agreement. 7. The Agreement does not discriminate against any other telecommunications carrier. 8. The Agreement will facilitate local exchange competition in the state of Washington by enabling New Vector to enter the local exchange market and increase customer choices for local exchange services. The provisions of the Agreement are consistent with the public interest, convenience, and necessity. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter of and all parties to this proceeding. 2. The Agreement is consistent with the public interest, convenience, and necessity. 3. The Agreement meets the criteria of Sections 251 and 252 of the Act, including Section 252(e). 4. The laws of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. ORDER The Commission ORDERS: 1. The Agreement for wireless interconnection between U S WEST New Vector, Inc., and GTE Northwest Incorporated, which the parties executed on October 31, 1997, is approved. 2. The laws of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. DATED at Olympia, Washington, and effective this 26th day of November, 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair WILLIAM R. GILLIS, Commissioner