DOCKET UT-980397 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      )   DOCKET UT-980397
1996 Between       )  
       )
HARMONY INTERNATIONAL     )
        )  ORDER APPROVING ADOPTION and       )  OF ARBITRATED
       )  INTERCONNECTION AGREEMENT
U S WEST COMMUNICATIONS, INC.  ) 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    )

BACKGROUND

  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 
Harmony International and U S WEST Communications, Inc. (U S WEST).  On 
December 16, 1998, the parties jointly filed a request for approval to adopt 
the previously approved interconnection agreement between MFS and U S WEST 
(Docket UT-960323) in its entirety.  The parties executed the Agreement on, or 
about, November 24, 1998. Harmony International is not currently registered as 
a provider of telecommunications services in the state of Washington.

  On January 13, 1999, 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) of the Telecommunications Act of 1996 (Act), requires 
parties to submit interconnection agreements 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. Harmony International is not currently authorized to provide intrastate 
telecommunications services in the state of Washington.  Approval of this 
agreement does not in any way waive Harmony International’s requirement to 
become a registered telecommunications service provider in the state of 
Washington.  This agreement will not become operable until such time as Harmony 
International has been registered as a telecommunications service provider by 
this Commission.

  5. On December 16, 1998, the parties jointly filed with the Commission a 
request for approval of an 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 Harmony International 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 Section 252(e).

  4. The laws, regulations, and Commission Orders of Washington shall govern 
the construction and interpretation of the Agreement.  The Agreement shall also 
be subject to the jurisdiction 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 
Harmony International, and U S WEST Communications, Inc., which the parties 
executed on, or about, November 24, 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, regulations, and Commission Orders of Washington shall govern 
the construction and interpretation of the Agreement.  The Agreement shall also 
be subject to the jurisdiction of the Commission and the Washington courts.

  4. Harmony International is not currently authorized to provide intrastate 
telecommunications services in the state of Washington.  Approval of this 
agreement does not in any way waive Harmony International’s requirement to 
become a registered telecommunications service provider in the state of 
Washington.  This agreement will not become operable until such time as Harmony 
International has been registered as a telecommunications service provider by 
this Commission. 

  DATED at Olympia, Washington, and effective this 13th day of 
January, 1999.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       ANNE LEVINSON, Chair



       WILLIAM R. GILLIS, Commissioner