DOCKET NO. UT-980371 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 NO. UT-980371 Telecommunications Act of 1996 between ) ) JATO COMMUNICATIONS CORP. ) ) ORDER APPROVING ADOPTION and ) OF PREVIOUSLY APPROVED ) INTERCONNECTION AGREEMENT U S WEST COMMUNICATIONS, INC. ) . . . . . . . . . . . . . . . . . . . . ) BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (Commission) for approval of adoption of a previously approved Interconnection Agreement under the Telecommunications Act of 1996 between JATO Communications Corp. (JATO), and U S WEST Communications (“U S WEST”). On October 7, 1998, the parties filed a joint request seeking approval to adopt the previously approved interconnection agreement between Covad Communications Company (Covad), and U S WEST in its entirety. The parties executed the Agreement on September 28, 1998. On November 16, 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. JATO is authorized to provide intrastate and local exchange telecommunications services in the state of Washington. 5. On October 7, 1998, the parties filed with the Commission a joint request for approval of adoption of a previously approved 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 JATO 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 JATO Communications Corp., and U S WEST Communications, Inc., filed on October 7, 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 16th day of November, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair WILLIAM R. GILLIS, Commissioner