DOCKET NO. UT-960310 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition for Arbitration ) DOCKET NO. UT-960310 of an Interconnection Agreement Between ) ) MCImetro ACCESS SERVICES, INC., ) AMENDMENT TO COMMISSION and ) ORDER APPROVING US WEST COMMUNICATIONS, INC. ) INTERCONNECTION AGREEMENT ) Pursuant to 47 U.S.C. Section 252 ) . . . . . . . . . . . . . . . . . . . . ) MEMORANDUM Procedural history. This matter comes before the Washington Utilities and Transportation Commission (“Commission”) upon the joint request of MCImetro Access Services, Inc., (“MCImetro”) and U S WEST Communications, Inc., (“USWC”) that the Commission amend its prior Order Approving Interconnection Agreement (“Order”) in this docket. The Commission’s Order was filed on August 18, 1997. The parties filed their Joint Request to Amend Order on August 21, 1997. The parties stated that ongoing negotiations resulted in an agreement regarding performance measurement and reporting subsequent to the Commission hearing to consider approval of the interconnection agreement, which was conducted on August 11, 1997. The terms and conditions relating to performance measurement and reporting which the parties negotiated and agreed to differ from relevant terms and conditions which were stated in the Commission Order at Section III.D. on page 10. On August 21, 1997, the parties also jointly requested and were granted an extension of time to file an interconnection agreement which conformed with the Commission Order. The Commission considered the Joint Request to Amend Order at an open public meeting held on August 27, 1997. FINDINGS OF FACT 1. The Washington Utilities and Transportation Commission is an agency of the state of Washington, vested by statute with authority to regulate in the public interest the rates, services, facilities, and practices of telecommunications companies in the state. 2. The Commission made substantial findings of fact in its Order dated August 18, 1997, which are incorporated herein by reference. 3. On August 21, 1997, MCImetro and USWC jointly filed with the Commission a Request to Amend Order Approving Interconnection Agreement on the basis that the parties negotiated and subsequently agreed to terms and conditions relating to performance measurement and reporting which differ from the Commission’s Order in Section III.D. on page 10. 4. The terms and conditions which were negotiated and agreed to by the parties subsequent to the Commission’s Order do not discriminate against any other telecommunications carrier, and they are otherwise 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 terms and conditions which were negotiated and agreed to by the parties subsequent to the Commission’s Order do not discriminate against any other telecommunications carrier, and they are otherwise consistent with the public interest, convenience, and necessity. O R D E R The Commission ORDERS: 1. The Joint Request to Amend Order is granted. 2. Section III.D. of the Commission Order Approving Interconnection Agreement , dated August 18, 1997, shall be considered deleted. 3. The additional agreed language which was filed by the parties as Attachment A to the Joint Request to Amend Order shall be inserted into and implemented together with the main body of the interconnection agreement as approved by the Commission. 4. The parties shall file an interconnection agreement conforming with the Commission’s Order Approving Interconnection Agreement, dated August 18, 1997, and this Amendment to Commission Order Approving Interconnection Agreement, on or before September 3, 1997. 5. The Commission’s Order Approving Interconnection Agreement, dated August 18, 1997, remains otherwise unchanged and shall be given full force and effect unless otherwise ordered by the Commission, including the effective date of August 20, 1997. DATED at Olympia, Washington, and effective this th day of August 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner