BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of Request for Approval of Negotiated Agreement Under the 
Telecommunications Act of 1996 Between

MCI WORLDCOM, COMMUNICATIONS,
INC. F/K/A MFS INTELENET, INC.

and 

US WEST COMMUNICATIONS
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		DOCKET UT-960323
		
		
		NEGOTIATED FIRST AMENDMENT TO FULLY NEGOTIATED AGREEMENT FOR SERVICE RESALE AND 
INTERCONNECTION


BACKGROUND

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a First Amendment to a previous fully 
negotiated agreement for network interconnection and service resale under the 
Telecommunications Act of 1996.  The agreement is between MCI Worldcom 
Communications, Inc. f/k/a MFS Intelenet, Inc., and US WEST Communications.  On 
July 12, 1999, the parties filed a joint request seeking approval of a fully 
negotiated First Amendment to a previous fully negotiated agreement for network 
interconnection (Agreement).  The parties executed the Agreement on July 6, 
1999.

  On July 28, 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, 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.  US WEST Communications is engaged in the business of furnishing 
telecommunications services, including, but not limited to, basic local 
exchange service within the state of Washington.

  4.  MCI Worldcom Communications, Inc., f/k/a MFS Intelenet, Inc., is 
authorized to provide intrastate interexchange and local exchange 
telecommunications services within the state of Washington.

  5.  On July 12, 1999, the parties filed with the Commission a joint request 
for approval of a First Amendment to a previous 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 MCI Worldcom Communications, Inc., f/k/a MFS Intelenet, 
Inc., 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 Section 252(e).

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


ORDER

  THE COMMISSION ORDERS:

  1.  The First Amendment to the Agreement for network interconnection between 
MCI Worldcom Communications, Inc., f/k/a MFS Intelenet, Inc., and US WEST 
Communications, filed on July 12, 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 28th day of July, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      MARILYN SHOWALTER, Chairwoman

 

      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner