DOCKET NO. UT-980325 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

COMM SOUTH COMPANIES, INC.

and

U S WEST COMMUNICATIONS, INC.
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		DOCKET NO. UT-980325
		
		
		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 Comm South Companies, Inc. (“Comm South”) and U S WEST Communications, 
Inc. (“U S WEST”).  On May 28, 1998, the parties filed a joint request for 
approval of the fully negotiated agreement for service resale (“the 
Agreement”). The parties executed the Agreement on April 13, 1998.
   On July 22, 1998, 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. Comm South 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 Comm South and U S WEST on May 28, 1998.
  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 Comm South 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 Comm South Companies, Inc., and 
U S WEST Communications, Inc., which the parties executed on April 13, 1998, 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 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 22nd day of July, 1998.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      ANNE LEVINSON, Chair



      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner