DOCKET NO.UT-960328 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 GST TELECOM, INC., and U S WEST COMMUNICATIONS, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. UT-960328 FIRST SUPPLEMENTAL ORDER APPROVING POLE ATTACHMENT AND INNERDUCT OCCUPANCY AGREEMENT BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of a Pole Attachment and Innerduct Occupancy Agreement which is within the scope of the previously approved fully negotiated interconnection agreement under the Telecommunications Act of 1996 between GST TELECOM, INC. (“GST”) and U S WEST Communications, Inc., (“U S WEST”). The parties filed an Pole Attachment and Innerduct Occupancy Agreement for approval (“the Agreement”) on July 14,1997. The parties executed the Agreement on June 9, 1997. On August 27, 1997, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the request for approval of the Pole Attachment and Innerduct Occupancy Agreement. Commission Staff recommended that the request be approved. At the conclusion of the open meeting, the Commission approved the request to adopt 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. GST is authorized to provide intrastate, interexchange telecommunications services and local exchange services within the state of Washington, and is a telecommunications carrier as defined in the Act. 5. The parties filed a request for approval of a Pole Attachment and Innerduct Occupancy Agreement on July 14, 1997. 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 GST Telecom, Inc., to enter 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 Agreement for Pole Attachment and Innerduct Occupancy between GST Telecom, Inc., and U S WEST Communications, Inc., which the parties executed on June 9, 1997, is approved. 2. 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 day of August 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner