DOCKET UT-980321 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of Request For Approval of ) an Agreement to Adopt Arbitrated ) Interconnection Agreement under the ) DOCKET UT-980321 Telecommunications Act of 1996 between ) ) LEVEL 3 COMMUNCATIONS, L.L.C. ) ) ORDER APPROVING ADOPTION and ) OF ARBITRATED ) INTERCONNECTION AGREEMENT U S WEST COMMUNICATIONS, INC. ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) Procedural History. This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of adoption of an arbitrated Interconnection Agreement under the Telecommunications Act of 1996 between Level 3 Communications, L.L.C. (“Level 3”), and U S WEST Communications (“U S WEST”). On May 13, 1998, the parties filed a joint request seeking approval to adopt the previously approved interconnection agreement between MFS (“MFS”), and U S WEST in its entirety. The parties executed the Agreement on May 5, 1998. On June 15, 1998, 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 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. The Commission is authorized by Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (“Act”), to approve adopted agreements for network interconnection and service resale between telecommunications providers. 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. Level 3 is authorized to provide intrastate and local exchange telecommunications services in the state of Washington. 5. On May 13, 1998, the parties filed with the Commission a joint request for approval of adoption of an arbitrated interconnection agreement for network interconnection and service resale pursuant to the Act. 6. The Agreement is an adoption of a previously approved interconnection 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 Level 3 to enter 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 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 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. O R D E R THE COMMISSION ORDERS: 1. The Agreement for network interconnection and service resale between Level 3 Communications, L.L.C., and U S WEST Communications, Inc., filed on May 13, 1998, 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 15th day of June, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner