DOCKET UT-980276 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION Joint Application of ) MIDCOM Communications, Inc., ) DOCKET UT-980276 and WinStar Wireless of Washington, Inc., ) for Authority to Transfer ) ORDER GRANTING Selected Property ) APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) On March 4, 1998, MIDCOM Communications, Inc., (MIDCOM ), and WinStar Wireless of Washington, Inc., (WinStar), jointly filed an application with the Commission under the provisions of chapter RCW 80.12 and chapter WAC 480-143 for an order authorizing the transfer of selected property from MIDCOM to WinStar. MIDCOM was registered as a telecommunications company in Docket UT-910520. The order authorizing registration was based upon MIDCOM providing intrastate interexchange services. WinStar was registered as a telecommunications company in Docket UT-960043. WinStar was authorized to provide switched interexchange and intraexchange services. MIDCOM will transfer selected property and customer base to WinStar as defined in the Asset Purchase Agreement. MIDCOM will cease operating as a telecommunications service provider upon finalization of this transaction. WinStar will continue to operate as a telecommunications company in Washington state. The transfer of property and customer base will be made in a seamless fashion that will not affect the provision of telecommunication services in Washington. The rates, terms, and conditions previously available to MIDCOM customers will not change as a result of the transaction. FINDINGS THE COMMISSION FINDS: 1. MIDCOM Communications, Inc., is a public service company subject to regulation by this Commission, under the provisions of chapters, RCW 80.12 and RCW 80.36. 2. WinStar Wireless of Washington, Inc., is a public service company subject to regulation by this Commission, under the provisions of chapters, RCW 80.12 and RCW 80.36. 3. As to form, the application filed herein meets the requirements of chapter RCW 80.12 and the rules and regulations of the Commission adopted pursuant thereto. 4. The proposed sale and transfer of selected property and customer base is not inconsistent with the public interest and should therefore be approved under the terms and conditions of this order. O R D E R THE COMMISSION ORDERS: 1. After the effective date of this order and subject to the conditions hereof, MIDCOM Communications, Inc., is hereby authorized to transfer selected property and customer base to WinStar Wireless of Washington, Inc. 2. Within thirty days of the effective date of this order, WinStar Wireless of Washington, Inc., shall file a letter stating it's proposed plan that incorporates the rates, terms, and conditions currently offered by MIDCOM Communications, Inc., into the currently effective tariff of WinStar Wireless of Washington, Inc. 3. This order shall in no way affect the authority of this Commission over rates, service, evaluations, or accounts that may come before it, nor shall anything herein be construed as an acquiescence in any estimate or determination of cost or any valuation of property claimed or asserted. DATED at Olympia, Washington, and effective this 22nd day of July, 1998. CAROLE J. WASHBURN, Secretary