DOCKET NO. UT-970309 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 Between Sprint Spectrum L.P. and U S WEST Communications, Inc. .............................................................. ) ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. UT-970309 ORDER APPROVING FULLY NEGOTIATED INTERCONNECTION AGREEMENT BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of an interconnection agreement between Sprint Spectrum L.P. (“Sprint Spectrum”) and U S WEST Communications, Inc. (“U S WEST”). On October 22, 1996, Sprint Spectrum filed a request to negotiate an agreement with USWC pursuant to the Telecommunications Act of 1996, Public Law No. 104-104, 101 Stat. 56, codified at 47 USC § 151 et seq. (1996) (“the Act”), to facilitate Sprint Spectrum’s provision of wireless services in Washington. The parties engaged in negotiations for interconnection of their networks, reciprocal compensation, resale of services, sale of unbundled network elements, and/or sale of ancillary services but failed to reach agreement on all issues pertaining to this matter. On April 9, 1997, Sprint Spectrum filed its petition for arbitration with USWC, and the matter was assigned Docket No. UT-970309. The parties continued to negotiate in good faith and have since reached agreement with respect to all of the terms and conditions of a proposed interconnection agreement. The parties adopt and agree to the entry of an order by the Commission adopting the terms, conditions, and provisions of the interconnection agreement in resolution of the arbitration proceeding. The parties executed the proposed agreement on April 24, 1997, and they filed a Joint Request for Approval of Agreement for Wireless Interconnection (“the Agreement”) on May 30, 1997. On July 9, 1997, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the Joint Request for Approval of the Agreement. Commission Staff recommended that the request be approved. At the conclusion of the open meeting, the Commission approved the request to adopt the Agreement as submitted. 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)(A)(1) of the Telecommunications Act of 1996 (the “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. Sprint Spectrum is licensed by the Federal Communications Commission as a commercial mobile radio service provider. 5. The parties filed a Joint Request for Approval of Agreement for Wireless Interconnection (“the Agreement”) on May 30, 1997. 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 Sprint Spectrum L.P. to enter the local exchange market and increase customer choices for local exchange services. The provisions of the Agreement are consistent with the public interest, convenience, and necessity. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter of and all parties to this proceeding. 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 of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. ORDER The Commission ORDERS: 1. The Agreement for Wireless Interconnection between Sprint Spectrum L.P. and U S WEST Communications, Inc., which the parties executed on April 24, 1997, is approved. 2. The laws of Washington shall govern the construction and interpretation of the Agreement. The 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 th day of July, 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STEVE McLELLAN Secretary