DOCKET UT-970310 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Request for Approval of an Amendment to the Interconnection Agreement Between ADVANCED TELECOMMUNICATIONS, INC. and U S WEST COMMUNICATIONS, INC. .............................................................. ) ) ) ) ) ) ) ) ) ) ) DOCKET UT-970310 FIRST SUPPLEMENTAL ORDER APPROVING AMENDMENT TO INTERCONNECTION AGREEMENT PROCEDURAL HISTORY This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of a fully negotiated amendment (“the Amendment”) to an interconnection agreement under the Telecommunications Act of 1996. The interconnection agreement is between Advanced Telecommunications Inc. (“Advanced Tel”) and U S WEST Communications, Inc. (“U S WEST”). The parties filed a joint request for approval of their First Amendment To Agreement For Service Resale (Amended Agreement) on May 19, 1998. The parties executed the Amendment on April 30, 1998. The Commission considered and approved the joint request in support of the Amended Agreement at an open public meeting held on June 15, 1998. 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. The Commission is authorized by Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the “Act”), to approve interconnection agreements. 3. The Commission approved the original interconnection agreement between Advanced Tel and U S WEST in Order No. UT-970310. 4. On May 18, 1998, Advanced Tel and U S WEST jointly filed with the Commission a request for approval of an Amendment to their previously approved fully negotiated interconnection agreement. The Amendment defines new rates, terms, and conditions for network interconnection. 5. The parties voluntarily negotiated the entire Amendment. 6. The Amendment does not discriminate against any other telecommunications carrier. 7. The Agreement will facilitate local exchange competition in the state of Washington by enabling Advanced Tel to continue participating in the local exchange market under terms more acceptable to the parties. 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 including Section 252(e). 4. The laws of Washington shall govern the construction and interpretation of the Amended Agreement. The Amended Agreement 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 Negotiated Agreement between Advanced Telecommunications, Inc., and U S WEST Communications, Inc., which the parties executed on April 30, 1998, is approved. 2. The laws of Washington shall govern the construction and interpretation of the Amended Agreement. The Amended 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 15th day of June 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner