DOCKET NO. UT-960359 PAGE 1
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

RAINIER CABLE, INC. 

and 

U S WEST COMMUNICATIONS, INC.

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		DOCKET NO. UT-960359
		
		
		SECOND SUPPLEMENTAL ORDER
		APPROVING ANCILLARY
		AGREEMENT
		
		
		
		
		
		   
BACKGROUND

   This matter comes before the Washington Utilities and Transportation 
Commission (“Commission”) for approval of an Ancillary Agreement which is 
within the scope of the previously approved fully negotiated interconnection 
agreement under the Telecommunications Act of 1996 between Rainier Cable, Inc.  
(“Rainier”), and U S WEST Communications, Inc. (“U S WEST”).  The parties filed 
an Ancillary Agreement for approval (“the Agreement”) on August 17, 1998. The 
parties executed the Agreement on April 27, 1998.
   On September 23, 1998, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the request for approval of the 
Ancillary Agreement.  At the open meeting, the Commission approved the 
Agreement as submitted.

 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.  Section 252(e)(A)(1) of the Telecommunications Act of 1996 (“Act”), 
requires parties to fully negotiated agreements 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.
  3. U S WEST is engaged in the business of furnishing telecommunications 
services, including, but not limited to, basic local exchange service within 
the state of Washington.
  4. Rainier Cable, Inc., is authorized to provide intrastate interexchange 
telecommunications services and local exchange services within the state of 
Washington.
  5. The parties filed a request for approval of an Ancillary Agreement on 
August 17, 1998.
  6.  The parties voluntarily negotiated the entire Agreement.
  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 Rainier Cable, Inc., to expand its service capabilities 
in the local exchange market and increase customer choices for local exchange 
services. The provisions of the Agreement are consistent with the public 
interest, convenience, and necessity.

 CONCLUSIONS OF LAW


  1.  The Commission has jurisdiction over the subject matter and all parties.
  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 Section 252(e).
  4.  The laws of Washington shall govern the construction and interpretation 
of the Agreement.  The Agreement shall also be subject to the present and 
future decisions of the Commission and the Washington courts.
ORDER
  THE COMMISSION ORDERS:
  1.  The Ancillary Agreement between Rainier Cable, Inc., and U S WEST 
Communications, Inc., which the parties executed on April 27, 1998, is approved.
  2.  In the event that the parties revise, modify or amend the agreement 
approved herein, the revised, modified, or amended agreement shall be deemed to 
be a new negotiated agreement under the Telecommunications Act and shall 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.                                                
  3  The laws of Washington shall govern the construction and interpretation of 
the Agreement.  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 23rd day of September, 1998.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


      ANNE LEVINSON, Chair


  
      RICHARD HEMSTAD, Commissioner