DOCKET 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 UT-960359
		
		
		THIRD SUPPLEMENTAL
		ORDER APPROVING
		AMENDMENT TO
		INTERCONNECTION AGREEMENT
		
BACKGROUND

   This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of an amendment to an interconnection 
agreement.  The Commission previously approved a fully negotiated agreement for 
network interconnection (Agreement) under the Telecommunications Act of 1996 
(Act) between Rainier Cable, Inc. (Rainier Cable), and U S WEST Communications, 
Inc. (U S WEST), on August 27, 1997.  On September 9, 1998, the parties filed a 
joint request for approval of the First Amendment To Interconnection Agreement 
(Amendment).  The parties executed the Amendment on August 14, 1998.
  On October 28, 1998, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the request for approval of the 
amendment.  At the open meeting, the Commission approved the Amendment 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)(1) of the Telecommunications Act of 1996 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. The Commission retains jurisdiction over revisions, modifications, or 
amendments to agreements previously approved pursuant to Section 252(e) of the 
Act.
  4. 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.
  5. Rainier Cable is authorized to provide intrastate interexchange and local 
exchange telecommunications services in the state of Washington.
  6. On September 9, 1998, the parties filed a joint request for approval of 
the First Amendment to their previously approved wireline interconnection 
agreement.
  7. The parties voluntarily negotiated the entire Amendment.
  8. The amendment does not discriminate against any other telecommunications 
carrier.
  9. The amendment will facilitate local exchange competition in the state of 
Washington by enabling Rainier Cable 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 of and all parties 
to this proceeding.
  2. The Amendment is consistent with the public interest, convenience, and 
necessity.
  3. The Amendment 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 Amendment.  The Amendment shall also be subject to the present and 
future decisions of the Commission and the Washington courts.
ORDER
  THE COMMISSION ORDERS:
  1. The Amendment to the previously approved wireline interconnection 
agreement between Rainier Cable, Inc., and U S WEST Communications, Inc., which 
the parties executed on August 14, 1998, is approved.
  2. In the event that the parties further revise, modify, or amend the 
Agreements previously approved, 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 Amendment and the Agreement.  The Amendment and 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 28th day of     October, 
1998.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


      ANNE LEVINSON, Chair



      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner