BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Request For Approval )
of Negotiated Agreement Under the   ) DOCKET NO. UT-990360
Telecommunications Act of 1996 Between ) 
          )  
         ) ORDER APPROVING
ICG TELECOM GROUP, INC.    ) NEGOTIATED AMENDED
          ) AGREEMENT FOR
and         ) INTERCONNECTION AND
         ) RESALE OF SERVICES
U S WEST COMMUNICATIONS, INC.  )  
  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .   ) 


BACKGROUND 

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a negotiated amended agreement (Amended 
Agreement) under the Telecommunications Act of 1996 (Telecom Act).  The Amended 
Agreement is between ICG Telecom Group, Inc. (ICG), and U S WEST 
Communications, Inc. (U S WEST).  The Commission previously approved an 
interconnection agreement between the parties on August 25, 1999, and ordered 
that in the event the parties amended their agreement, the amended agreement 
shall be deemed a new agreement under the Telecom Act and must be submitted to 
the Commission for approval.  The parties filed an amendment and a joint 
request for approval on October 21, 1999.

MEMORANDUM

  On November 30, 1999, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the request for approval of the 
Amended Agreement between ICG and U S WEST.  The Commission granted its 
approval of the Amended Agreement as negotiated and requested by the parties.

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 Telecom Act requires parties to a negotiated 
agreement 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 local exchange and intrastate interexchange 
telecommunications services to the public.

  5. The Commission previously approved an interconnection agreement between 
the parties on August 25, 1999, and ordered that in the event the parties 
amended their agreement, the amended agreement shall be deemed a new agreement 
under the Telecom Act and must be submitted to the Commission for approval.
  
  6. On October 21, 1999, the parties filed with the Commission a joint request 
for approval of an amendment to the interconnection agreement previously 
approved, pursuant to the Telecom Act.

  7. ICG and U S WEST voluntarily negotiated the entire amendment.

  8. The Amended Agreement does not discriminate against any other 
telecommunications carrier.

  9. The Amended Agreement will facilitate local exchange competition in the 
state of Washington by enabling ICG to expand its presence in the local 
exchange market and increase customer choices for local exchange services.

CONCLUSIONS OF LAW

  1. The Commission has jurisdiction over the subject matter and all parties to 
this proceeding.

  2. The Amended Agreement is consistent with the public interest, convenience, 
and necessity.

  3. The Amended Agreement meets the criteria of Sections 251 and 252 of the 
Telecom Act, including Section 252(e).

  4. The laws and regulations of the State of Washington, and Commission orders 
shall govern the construction and interpretation of the Amended Agreement.  The 
Amended Agreement shall also be subject to the jurisdiction of the Commission 
and the Washington courts.

O R D E R

 THE COMMISSION ORDERS:

  1. The Amended Agreement between ICG Telecom Group, Inc., and U S WEST 
Communications, Inc., which the parties filed on October 21, 1999, is approved 
and effective.

  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 Telecom 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 and regulations of the State of Washington, and Commission orders 
shall govern the construction and interpretation of the Amended Agreement.  The 
Amended Agreement shall also be subject to the jurisdiction of the Commission 
and the Washington courts.


  DATED at Olympia, Washington, and effective this 30th day of November, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       MARILYN SHOWALTER, Chairwoman



       WILLIAM R. GILLIS, Commissioner