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

ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC.,

and

QWEST CORPORATION f/k/a U S WEST COMMUNICATIONS, INC.
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		DOCKET NO. UT-003067
		
		ORDER APPROVING NEGOTIATED FOURTH AMENDED AGREEMENT ADDING UNBUNDLED NETWORK 
ELEMENTS COMBINATIONS
BACKGROUND

1 This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for  approval of a negotiated fourth amended agreement 
(Amended Agreement) under the    Telecommunications Act of 1996 (Telecom Act).  
The Amended Agreement is between Adelphia  Business Solutions Operations, Inc., 
(Adelphia), and Qwest Corporation (Qwest), f/k/a U S WEST  Communications, Inc. 
 On July 12, 2000, the Commission allowed Adelphia to adopt, pursuant to  
Section 252(i) of the Telecom Act, the interconnection agreement between Covad 
Communications  Company (Covad) and Qwest, including a first and second 
amendment.  On October 11, 2000, the  Commission approved a third amended 
agreement.  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 fourth amendment on May 23, 2001.

MEMORANDUM

2 The Amended Agreement between Adelphia and Qwest was brought before the 
Commission at its  regularly scheduled open public meeting held on June 13, 
2001, at its offices in Olympia, Washington.   The Commission approved the 
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 transfer 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 Qwest is engaged in the business of furnishing telecommunications services, 
including, but not limited  to, basic local exchange service within the state 
of Washington.

6 Adelphia is authorized to provide telecommunications services to the public 
in the state of   Washington.  

7 On July 12, 2000, the Commission allowed Adelphia to adopt, pursuant to 
Section 252(i) of the  Telecom Act, the interconnection agreement between Covad 
and Qwest, including a first and second  amendment.  On October 11, 2000, the 
Commission approved a third amended agreement.  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 May 23, 2001, the parties filed with the Commission a joint request for 
approval of a fourth  amendment to the previously approved interconnection 
agreement, pursuant to the Telecom Act.

9 Adelphia and Qwest 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 Adelphia 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 Agreement.  The Agreement is 
subject to the jurisdiction of the Commission  and the courts of Washington 
state.

O R D E R

THE COMMISSION ORDERS:

16 The Amended Agreement between Adelphia Business Solutions Operations, Inc., 
and Qwest   Corporation, f/k/a U S WEST Communications, Inc., which the parties 
filed on May 23, 2001, is  approved and effective as of the date of this order.

17 In the event that the parties revise, modify, or amend the agreement 
approved in this order, 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 
courts of Washington state.

 DATED at Olympia, Washington, and effective this 13th day of June, 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner