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

MCIMETRO ACCESS TRANSMISSION SERVICES, LLC,

and

VERIZON NORTHWEST INC., f/k/a GTE NORTHEST INCORPORATED
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		DOCKET NO. UT-960338
		
		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 MCImetro  Access Transmission Services, LLC, 
(MCImetro), and Verizon Northwest Inc. (Verizon), f/k/a GTE  Northwest 
Incorporated.  The Commission approved an interconnection agreement between 
the  parties on April 3, 1997.  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 March 7, 2001.

MEMORANDUM

2 The Amended Agreement between MCImetro and Verizon was brought before the 
Commission at its  regularly scheduled open public meeting held on May 30, 
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 MCImetro is engaged in the business of furnishing telecommunications 
services, including, but not  limited to, basic local exchange service within 
the state of Washington.

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

7 The Commission approved an interconnection agreement between the parties on  
April 3, 1997.  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 March 7, 2001, 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 MCImetro 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 MCImetro 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 MCImetro Access Transmission Services, LLC, 
and Verizon  Northwest Inc., f/k/a GTE Northwest Incorporated, which the 
parties filed on March 7, 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 Agreement.  The Agreement is 
subject to the jurisdiction of the Commission  and the courts of Washington 
state.

  DATED at Olympia, Washington, and effective this 30th day of May, 2001.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




      MARILYN SHOWALTER, Chairwoman



      RICHARD HEMSTAD, Commissioner