BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of Request For Approval of ) Negotiated Agreement Under the ) Telecommunications Act of 1996 ) DOCKET UT-990360 Between ) ) ICG TELECOM GROUP, INC. ) ) ORDER APPROVING and ) NEGOTIATED ) INTERCONNECTION U S WEST COMMUNICATIONS, INC. ) AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (Commission) for approval of a fully negotiated agreement for network interconnection and service resale (Agreement) between ICG Telecom Group, Inc., (ICG) and U S WEST Communications, Inc., (U S WEST) under the Telecommunications Act of 1996 (Telecom Act). ICG and U S WEST have agreed that ICG will receive all arrangements in an interconnection agreement between MCI Worldcom Communications, Inc., f/k/a MFS Intelenet, Inc., and US WEST, as approved by the Commission on August 27, 1997. The parties executed the Agreement on August 17, 1999 and a joint request for approval was filed on August 19, 1999. On August 25, 1999, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the joint request for approval of the Agreement. At the open meeting, the Commission approved the Agreement. 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) 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. ICG, is authorized to provide intrastate interexchange and local exchange telecommunications services in the state of Washington. 5. On August 19, 1999, the parties filed with the Commission a joint request for approval of a fully negotiated interconnection agreement pursuant to the Act. 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 ICG, to enter the local exchange market and provide customers with increased choices among local exchange services. 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, regulations, and Commission orders of Washington shall govern the construction and interpretation of the Agreement. The Agreement is also subject to the jurisdiction of the Commission and the Washington courts. O R D E R THE COMMISSION ORDERS: 1. The Agreement for network interconnection between ICG Telecom Group, Inc., and U S WEST Communications, Inc., filed on August 19, 1999, 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, regulations, and Commission Orders of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the jurisdiction of the Commission and the Washington courts. DATED at Olympia, Washington, and effective this 25th day of August, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner