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

DAKOTA SERVICES, LTD.

and

U S WEST COMMUNICATIONS, INC. 
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		DOCKET UT-980351
		
		
		ORDER APPROVING
		FULLY NEGOTIATED
		WIRELINE INTERCONNECTION AGREEMENT


BACKGROUND

   This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a fully negotiated agreement under the 
Telecommunications Act of 1996 (Act).  The agreement is between Dakota 
Services, Ltd. (Dakota Services), and U S WEST Communications Inc. (U S WEST).  
On September 4, 1998, the parties filed a joint request for approval of the 
fully negotiated interconnection agreement (Agreement) between Dakota Services 
and U S WEST for the state of Washington.  The parties executed the Agreement 
on May 1, 1998.  Dakota Services is not currently registered as a provider of 
telecommunications services in the state of Washington.
  On October 28, 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, however, the Agreement will not become operable until such time that 
Dakota Services has become registered as a telecommunications service provider 
by this Commission.

 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 
Docket UT-980351          PAGE 1
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. Dakota Services is not currently authorized to provide intrastate 
interexchange telecommunications services in the state of Washington.  Approval 
of this agreement does not in any way waive Dakota Services requirement to 
become a registered local exchange company in the state of Washington.  This 
Agreement will not become operable until such time as Dakota Services has been 
registered as a telecommunications service provider by this Commission.
  5. The parties filed a joint request for approval of the Agreement  between 
Dakota Services and U S WEST on September 4, 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 Dakota Services 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 Network Interconnection between Dakota Services, Ltd., 
and U S WEST Communications, Inc., which the parties executed on May 1, 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 of 1996 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 Agreement does not become operable until such time that Dakota 
Services, Ltd., has become registered to provide telecommunications services in 
the state of Washington.
  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.


  DATED at Olympia, Washington, and effective this 28th day of     October, 
1998.
  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      ANNE LEVINSON, Chair



      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner