DOCKET NO. UT-960337 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of Request for ) Approval of Negotiated Agreement ) under the Telecommunications Act of ) DOCKET NO. UT-960337 1996 Between ) ) ELECTRIC LIGHTWAVE, INC. ) FIRST SUPPLEMENTAL ) ORDER APPROVING and ) AMENDMENT TO AGREEMENT ) U S WEST COMMUNICATIONS, INC. ) . . . . . . . . . . . . . . . . . . . . . . . ) BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (Commission) for approval of an amendment to a previously approved interconnection agreement (Agreement) under the Telecommunications Act of 1996 between Electric Lightwave, Inc. (ELI), and U S WEST Communications, Inc. (U S WEST). On February 18, 1999, the parties filed a joint request for approval of the First Amendment to Interconnection Agreement (Amendment) between ELI and U S WEST for the state of Washington. The parties executed the Amendment on Febraury 10, 1999. On March 10, 1999, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the request for approval of the Amendment. At the open meeting, the Commission approved the Amendment. 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 Telecommunications Act of 1996 (Act), requires parties to interconnection 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. The Commission retains jurisdiction over revisions, modifications, or amendments to agreements previously approved pursuant to Section 252 (e) of the Act. 4. 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. 5. ELI is authorized to provide intrastate and local exchange telecommunications services in the state of Washington. 6. On February 18, 1999, the parties filed a joint request for approval of the First Amendment to their previously approved interconnection agreement pursuant to the Act. 7. The parties voluntarily negotiated the entire Amendment. 8. The Amendment does not discriminate against any other telecommunications carrier. 9. The Amendment will facilitate local exchange competition in the state of Washington by enabling ELI to expand its presence in the local exchange market and provide customers with increased choices among local exchange services. The provisions of the Amendment are consistent with the public interest, convenience, and necessity. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter and all parties. 2. The Amendment is consistent with the public interest, convenience, and necessity. 3. The Amendment 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 Amendment and Agreement. The Amendment and Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. O R D E R THE COMMISSION ORDERS: 1. The First Amendment to Interconnection Agreement between Electric Lightwave, Inc., and U S WEST Communications, Inc., which the parties executed on February 10, 1999, is approved. 2. In the event that the parties further revise, modify or amend the Agreement previously approved, the revised, modified, or amended agreement shall be deemed to be a new negotiated agreement under the Telecommunications 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 of Washington shall govern the construction and interpretation of the Amendment and Agreement. The Amendment and 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 10th day of March, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner