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

NETWORK ACCESS SOLUTIONS CORPORATION

and

QWEST CORPORATION, f/k/a
U S WEST COMMUNICATIONS, INC.
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		DOCKET NO. UT-003025
		
		ORDER APPROVING NEGOTIATED FOURTH AMENDMENT FOR INTERCONNECTION AND RESALE 
SERVICES

 BACKGROUND 

1. This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a negotiated fourth amendment to an 
agreement (Amended Agreement) under the Telecommunications Act of 1996 (Telecom 
Act).  The Amended Agreement is between Network Access Solutions Corporation 
(NAS), and Qwest Corporation (Qwest), f/k/a U S WEST Communications, Inc.  The 
Commission approved an interconnection agreement between the parties, including 
a first and second amendment, on 
April 26, 2000, and a third amended agreement on July 31, 2000.  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 March 19, 2001.

 MEMORANDUM

2. The amended agreement between NAS and Qwest  was brought before the 
Commission at its regularly scheduled open public meeting of April 11, 2001, at 
its offices in Olympia, Washington.  The Commission granted its approval of the 
Amended 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 transfers 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. NAS is authorized to provide telecommunications services to the public in 
the state of Washington.

              7. The Commission previously approved an interconnection 
agreement between the parties, including a first and second amendment, on April 
26, 2000, and a third amended agreement on July 31, 2000.  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 19, 2001, the parties filed with the Commission a joint request for 
approval of a fourth amendment to the approved interconnection agreement, 
pursuant to the Telecom Act.

9. NAS 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 NAS 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 Amended Agreement.  The 
Amended Agreement is subject to the jurisdiction of the Commission and the 
Washington courts.

 O R D E R

THE COMMISSION ORDERS:

16. The Amended Agreement between Network Access Solutions Corporation, and 
Qwest Corporation, f/k/a U S WEST Communications, Inc., which the parties filed 
on March 19, 2001, is approved and effective.

17. In the event that the parties revise, modify, or amend the agreement 
approved herein, 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 
Washington courts.

DATED at Olympia, Washington, and effective this 11th day of April, 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner