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 ) DOCKET NO. UT-993006
          )
DIGITAL COMMUNICATIONS, INC.   )
        )  ORDER APPROVING
and          ) NEGOTIATED   
         ) AGREEMENT FOR 
U S WEST COMMUNICATIONS, INC.  ) INTERCONNECTION AND
         )  RESALE OF SERVICES
  .  .  .  .  . .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . ) 


BACKGROUND 

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a negotiated agreement for 
interconnection and the resale of specified exchange services (Agreement) under 
the Telecommunications Act of 1996 (Telecom Act).  The Agreement is between 
Digital Communications, Inc. (Digital), and U S WEST Communications, Inc. (U S 
WEST).  The parties filed the Agreement and a joint request for approval on 
November 9, 1999.

MEMORANDUM

  On November 30, 1999, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the request for approval of the 
Agreement between Digital and U S WEST.  The Commission granted its approval of 
the Agreement as negotiated and requested by the parties.

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)(1) of the Telecom Act requires parties to a negotiated 
agreement 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. Digital is not currently authorized to provide telecommunications services 
in the state of Washington.

  5. On November 9, 1999, the parties filed with the Commission a joint request 
for approval of a negotiated interconnection and resale of services agreement 
pursuant to the Telecom Act.

  6. Digital and U S WEST 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 Digital to enter the local exchange market and increase 
customer choices for local exchange services.

CONCLUSIONS OF LAW

  1. The Commission has jurisdiction over the subject matter 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 Telecom 
Act, including Section 252(e).

  4. Approval of the Agreement does not in any way waive Digital’s requirement 
to become a registered telecommunications service provider in the state of 
Washington.

  5. The laws and regulations of the State of Washington, and Commission orders 
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 resale of services and interconnection between Digital 
Communications, Inc., and U S WEST Communications, Inc., which the parties 
filed on November 9, 1999, is approved.

  2. Digital Communications, Inc., is not currently authorized to provide 
telecommunications services in the state of Washington.  Approval of the 
Agreement does not in any way waive Digital Communications, Inc.’s, requirement 
to become a registered telecommunications service provider in the state of 
Washington.  The Agreement will not become operable until such time as Digital 
Communications, Inc., has been registered as a telecommunications service 
provider by this Commission.

  3. 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 Telecom 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.

  4. The laws and regulations of the State of Washington, and Commission orders 
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.

  DATED at Olympia, Washington, and effective this 30th day of November, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       MARILYN SHOWALTER, Chairwoman

       

       WILLIAM R. GILLIS, Commissioner