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

COOK TELECOM, INC., 

and

QWEST CORPORATION f/k/a  U S WEST COMMUNICATIONS, INC.
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		DOCKET NO. UT-003024
		
		ORDER APPROVING NEGOTIATED THIRD AMENDED AGREEMENT FOR PAGING CONNECTION ADDING 
PROVISIONS FOR SINGLE POINT OF PRESENCE

BACKGROUND

1 This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for  approval of a negotiated third amended agreement 
for paging connection (Amended Agreement)  under the Telecommunications Act of 
1996 (Telecom Act).  The Amended Agreement is between  Cook Telecom, Inc., 
(Cook), and Qwest Corporation (Qwest), f/k/a U S WEST Communications,  Inc.  
The Commission approved a paging connection agreement between the parties 
on      April 12,  2000, including a first amendment.  On September 27, 2000, 
the Commission approved a second  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 third  amendment on June 6, 2001.

MEMORANDUM

2 The Amended Agreement between Cook and Qwest was brought before the 
Commission at its  regularly scheduled open public meeting held on June 27, 
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 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 Cook is licensed by the Federal Communications Commission as a commercial 
mobile radio service  provider.   

7 The Commission approved a paging connection agreement between the parties on 
April 12, 2000,  including a first amendment.  On September 27, 2000, the 
Commission approved a second 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 June 6, 2001, the parties filed with the Commission a joint request for 
approval of a third   amendment to the previously approved interconnection 
agreement, pursuant to the Telecom Act.

9 Cook 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.

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 Cook Telecom, Inc., and Qwest Corporation, 
f/k/a U S WEST  Communications, Inc., which the parties filed on June 6, 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 27th day of June, 2001.

 WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




MARILYN SHOWALTER, Chairwoman



PATRICK J. OSHIE, Commissioner