DOCKET NO. UT-970367 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 TELEPHONE RESTORATION NETWORK d/b/a TELNET and U S WEST COMMUNICATIONS, INC. .............................................................. ) ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. UT-970367 ORDER APPROVING FULLY NEGOTIATED INTERCONNECTION AGREEMENT FOR SERVICE RESALE BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of a fully negotiated agreement for service resale under the Telecommunications Act of 1996. The agreement is between Telephone Restoration Network d/b/a Telnet (“Telnet”) and U S WEST Communications, Inc. (“U S WEST”). On October 30, 1997, the parties filed a joint request for approval of the fully negotiated agreement for service resale (“the Agreement”). The parties executed the Agreement on October 16, 1997. On December 10, 1997, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the request for approval of the Agreement. At the open meeting, the Commission approved 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. Telephone Restoration Network d/b/a Telnet is authorized to provide intrastate and local exchange telecommunications services in the state of Washington. 5. The parties filed a joint request for approval of the Agreement for Service Resale between Telnet and U S WEST on October 16, 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 Telephone Restoration Network d/b/a Telnet 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 Service Resale between Telephone Restoration Network d/b/a Telnet, and U S WEST Communications, Inc., which the parties executed on October 16, 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 10th day of December, 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner