DOCKET NO. UT-960354 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of Request For Approval of ) Negotiated Agreement under the ) DOCKET NO. UT-960354 Telecommunications Act of 1996 Between ) ) INTERNATIONAL TELCOM LTD. and ) ORDER APPROVING NEGOTIATED US WEST COMMUNICATIONS, INC. ) INTERCONNECTION AGREEMENT ) . . . . . . . . . . . . . . . . . . . . ) Procedural history. This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of a negotiated agreement under the Telecommunications Act of 1996 between International Telcom Ltd. (“International”) and US WEST Communications, Inc. (“USWC”). The parties jointly filed a request for approval of Agreement for Local Wireline Network Interconnection and Service Resale (“Agreement”) on December 11, 1996. The Commission considered the Joint Request in support of the Agreement, and the comments and recommendations of Commission Staff and USWC at an open public meeting held on March 6, 1997. 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. The Commission is authorized by Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (“Act”), to approve negotiated agreements for resale of telecommunications services between telecommunications providers. 3. USWC is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 4. International is authorized to provide intrastate, interexchange telecommunications services and local exchange services within the state of Washington. 5. On December 11, 1996, International and USWC jointly filed with the Commission a request for approval of a negotiated agreement for network interconnection and service resale pursuant to the Act. 6. The Agreement was the product of voluntary negotiations. 7. The Agreement does not discriminate against any other telecommunications carrier. 8. The Agreement will facilitate local exchange competition in the state of Washington by enabling International to enter the local exchange market and provide customers with increased choices among local exchange services. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter of and all parties to this proceeding. 2. The Agreement is consistent with the public interest, convenience, and necessity. 3. The Agreement meets the criteria of Sections 251 and 252 of the Act, including including Sectioin 252(e). 4. The laws of Washington shall govern the construction and interpretation of the Agreement, and the Agreement shall be subject to the exclusive jurisdiction of the courts in Washington. The 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 Agreement for network interconnection and service resale between International Telcom Ltd. and U S WEST Communications, Inc., dated October 4, 1996, is approved. 2. The laws of Washington shall govern the construction and interpretation of the Agreement, and the Agreement shall be subject to the exclusive jurisdiction of the courts in Washington. The 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 11th day of March 1996. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner