DOCKET NO. UT-960354 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 ) DOCKET NO. UT-960354 Between ) ) INTERNATIONAL TELCOM, INC. ) SECOND SUPPLEMENTAL ORDER ) APPROVING AMENDMENT and ) TO AGREEMENT ) U S WEST COMMUNICATIONS, INC. ) . . . . . . . . . . . . . . . . . . . ) BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (Commission) for approval of an amendment to a previously approved interconnection agreement (Agreement) under the Telecommunications Act of 1996 between International Telcom, Inc. (International Telcom), and U S WEST Communications (U S WEST). On February 24, 1999, the parties filed a joint request seeking approval of the First Amendment to Interconnection Agreement (Amendment) between International Telcom and U S WEST for the state of Washington. The parties executed the Amendment on February 10, 1999. On March 10, 1999, 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. 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 (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. 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. International Telcom is authorized to provide intrastate and local exchange telecommunications services in the state of Washington. 6. The parties filed a joint request for approval of the First Amendment to Interconnection Agreement on February 24, 1999. 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 International Telcom to expand its presence in 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 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 Amendment and Agreement. The Amendment and Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. O R D E R THE COMMISSION ORDERS: 1. The First Amendment to Interconnection Agreement between International Telcom, Inc., and U S WEST Communications, Inc., which the parties executed on February 10, 1999, is approved. 2. In the event that the parties revise, modify or amend the Agreement 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 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 10th day of March, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner