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
NEW EDGE NETWORK, INC., D/B/A NEW EDGE NETWORKS
and
VERIZON NORTHWEST INC., 
f/k/a GTE NORTHWEST INCORPORATED
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	)	DOCKET NO. UT-993013
		ORDER APPROVING NEGOTIATED FIRST AMENDED AGREEMENT FOR INTERCONNECTION AND 
RESALE SERVICES

                                                              
BACKGROUND         
                  1.          This matter comes before the Washington Utilities 
and Transportation Commission (Commission) for approval of a negotiated first 
amended agreement (Amended Agreement) under the Telecommunications Act of 1996 
(Telecom Act). The Amended Agreement is between New Edge Network, Inc., d/b/a 
New Edge Network (New Edge), and Verizon Northwest Inc. (Verizon), f/k/a GTE 
Northwest Incorporated. The Commission previously approved an interconnection 
agreement between the parties on February 23, 2000. The Commission ordered that 
in the event the parties amended their agreement, the amended agreement would 
be deemed a new agreement under the Telecom Act and must be submitted to the 
Commission for approval. The parties filed a joint request for approval of a 
first amendment on June 28, 2000.
                                            
MEMORANDUM
                  2.          The amended agreement between New Edge and 
Verizon was brought before the Commission at its regularly scheduled open 
public meeting of September 13, 2000, at its offices in Olympia, Washington. 
The Commission granted its approval of the Amended Agreement as negotiated and 
requested by the parties. 
                                            
FINDINGS OF FACT 
                  3.          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.
                  4.          Section 252(e)(1) of the Telecom Act requires 
parties to a negotiated agreement 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.
                  5.          Verizon is engaged in the business of furnishing 
telecommunications services, including, but not limited to, basic local 
exchange service within the state of Washington.
                  6.          New Edge is authorized to provide 
telecommunications services to the public in the state of Washington.
                  7.          The Commission previously approved an 
interconnection agreement between the parties on February 23, 2000. The 
Commission ordered that in the event the parties amended their agreement, the 
amended agreement would be deemed a new agreement under the Telecom Act and 
must be submitted to the Commission for approval.
                  8.          On June 28, 2000, the parties filed with the 
Commission a joint request for approval of a first amendment to the previously 
approved interconnection agreement, pursuant to the Telecom Act.
                  9.          New Edge and Verizon voluntarily negotiated the 
entire amendment.
                  10.          The Amended Agreement does not discriminate 
against any other telecommunications carrier.
                  11.          The Amended Agreement will facilitate local 
exchange competition in the state of Washington by enabling New Edge to expand 
its presence in the local exchange market and increase customer choices for 
local exchange services.
        CONCLUSIONS OF LAW 
                  12.          The Commission has jurisdiction over the subject 
matter and all parties to this proceeding.
                  13.          The Amended Agreement is consistent with the 
public interest, convenience, and necessity.
                  14.          The Amended Agreement meets the requirements of 
Sections 251 and 252 of the Telecom Act, including Section 252(e).
                  15.          The laws and regulations of the State of 
Washington, and Commission orders govern the construction and interpretation of 
the Amended Agreement. The Amended Agreement is subject to the jurisdiction of 
the Commission and the Washington courts.
                                            
O R D E R 
        THE COMMISSION ORDERS: 
                  16.          The Amended Agreement between New Edge Network, 
Inc., d/b/a New Edge Networks and Verizon Northwest Inc., f/k/a GTE Northwest 
Incorporated, which the parties filed on June 28, 2000, is approved and 
effective.
                  17.          In the event that the parties revise, modify, or 
amend the agreement approved herein, the revised, modified, or amended 
agreement will be deemed to be a new negotiated agreement under the Telecom Act 
and must be submitted to the Commission for approval, pursuant to 47 U.S.C. § 
252(e)(1) and relevant provisions of state law, prior to taking effect. 
                  18.          The laws and regulations of the State of 
Washington, and Commission orders govern the construction and interpretation of 
the Amended Agreement. The Amended Agreement is subject to the jurisdiction of 
the Commission and the Washington courts.
                  DATED at Olympia, Washington, and effective this 13th day of 
September, 2000.
                  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
                                                              MARILYN 
SHOWALTER, Chairwoman 
                                                              RICHARD HEMSTAD, 
Commissioner 
                                                               WILLIAM R. 
GILLIS, Commissioner