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 AIRTOUCH PAGING and U S WEST COMMUNICATIONS, INC. . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. UT-990300 ORDER APPROVING NEGOTIATED AMENDED PAGING CONNECTION AGREEMENT BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (Commission) for approval of a negotiated amended paging connection agreement (Amended Agreement) under the Telecommunications Act of 1996 (Telecom Act). The Agreement is between AirTouch Paging (AirTouch) and U S WEST Communications, Inc. (U S WEST). The Commission previously approved an interconnection agreement between the parties on July 1, 1999, and 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 an amendment and a joint request for approval on October 25, 1999. MEMORANDUM On December 8, 1999, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the request for approval of the Amended Agreement between AirTouch and U S WEST. The Commission granted its approval of the Amended Agreement as negotiated and requested by the parties. 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(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. 3. U S WEST is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 4. AirTouch is licensed by the Federal Communications Commission as a commercial mobile radio service provider. 5. The Commission previously approved an interconnection agreement between the parties on July 1, 1999, and 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. 6. On October 25, 1999, the parties filed with the Commission a joint request for approval of an amendment to the interconnection agreement previously approved, pursuant to the Telecom Act. 7. AirTouch and U S WEST voluntarily negotiated the entire amendment. 8. The Amended Agreement does not discriminate against any other telecommunications carrier. 9. The Amended Agreement will facilitate local exchange competition in the state of Washington by enabling AirTouch to expand its presence in the local exchange market and increase customer choices for local exchange services. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter and all parties to this proceeding. 2. The Amended Agreement is consistent with the public interest, convenience, and necessity. 3. The Agreement meets the criteria of Sections 251 and 252 of the Telecom Act, including Section 252(e). 4. The laws and regulations of the State of Washington, and Commission orders shall govern the construction and interpretation of the Amended Agreement. The Amended Agreement shall also be subject to the jurisdiction of the Commission and the Washington courts. O R D E R THE COMMISSION ORDERS: 1. The Amended Agreement between AirTouch Paging and U S WEST Communications, Inc., which the parties filed on October 25, 1999, is approved and effective. 2. In the event that the parties revise, modify, or amend the agreement approved herein, the revised, modified, or amended agreement shall be deemed to be a new negotiated agreement under the Telecom Act and shall 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. 3. The laws and regulations of the State of Washington, and Commission orders shall govern the construction and interpretation of the Amended Agreement. The Amended Agreement shall also be subject to the jurisdiction of the Commission and the Washington courts. DATED at Olympia, Washington, and effective this 8th day of December, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner