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

NEW EDGE NETWORK, INC. D/B/A NEW EDGE NETWORKS

and

GTE NORTHWEST INCORPORATED
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	)	DOCKET NO. UT-993013
		
		ORDER APPROVING NEGOTIATED AGREEMENT FOR INTERCONNECTION AND RESALE OF SERVICES 
AND IMPOSING AN ADDITIONAL REQUIREMENT


BACKGROUND 

  1. 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 New 
Edge Network, Inc., d/b/a New Edge Networks (New Edge Networks) and GTE 
Northwest Incorporated (GTE).  The parties filed the Agreement and a joint 
request for approval on November 23, 1999.  Article III, Section 2.2 of the 
filed agreement is inconsistent with the Telecom Act.


MEMORANDUM

  2. The agreement between New Edge Networks and GTE was brought before the 
Commission at its regularly scheduled open public meeting of February 23, 2000, 
at its offices in Olympia, Washington.  The Commission granted its approval of 
the Agreement as negotiated and requested by the parties, with the imposition 
of an additional requirement.


FINDINGS OF FACT

  3. 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.

  4. 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.

  5. GTE is engaged in the business of furnishing telecommunications services, 
including, but not limited to, basic local exchange service within the state of 
Washington.

  6. New Edge Networks is authorized to provide telecommunications services to 
the public in the state of Washington.

  7. On November 23, 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.

  8. The Agreement consists of arrangements previously approved by the 
Commission on May 26, 1999, in Docket No. UT-990341.

  9. The agreement, as filed, does not allow the Commission to exercise its 
jurisdiction or allow the parties to fully exercise their rights to arbitration 
under Section 252(b)(1) of the Telecom Act prior to termination of the 
agreement.

  10. The language in Article III, Section 2.2, as approved in this order, 
provides the Commission with jurisdiction and provides New Edge with the 
opportunity to fully exercise its rights to arbitration under Section 252(b)(1) 
of the Telecom Act prior to expiration.

  11. The Agreement does not discriminate against any other telecommunications 
carrier.

  12. The Agreement will facilitate local exchange competition in the state of 
Washington by enabling New Edge Networks to enter the local exchange market and 
increase customer choices for local exchange services.


CONCLUSIONS OF LAW

  13. The Commission has jurisdiction over the subject matter and all parties 
to this proceeding.

  14. The Agreement, with the required modification, is consistent with Section 
261(c).  The additional requirement imposed by the Commission is consistent 
with the Telecom Act and with the orders and regulations of the Federal 
Communications Commission.

  15. The additional requirement is reasonable and necessary in order for the 
Commission to retain jurisdiction and provide New Edge with the opportunity to 
fully exercise its rights to arbitration under Section 252(b)(1) of the Telecom 
Act.

  16. The Agreement, with the required modification, is consistent with the 
public interest, convenience, and necessity.

  17. The Agreement, with the required modification, meets the requirements of 
Sections 251 and 252 of the Telecom Act, including Section 252(e).

  18. 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:

  19. The Agreement for interconnection and resale of services between New Edge 
Network, Inc., d/b/a New Edge Networks and GTE Northwest Incorporated, which 
the parties filed on November 23, 1999, is approved as amended in this order.

  20. Article III, Section 2.2, Post-Termination Arrangements, is amended to 
read: “Renegotiation.  If either Party seeks to renegotiate, extend or amend 
this Agreement, it must provide written notice thereof to the other Party no 
later than nine (9) months prior to the Termination Date.  Any such request 
shall be deemed by both Parties to be a good faith request for negotiations 
pursuant to Section 252 of the Act (or any successor provision), regardless of 
which Party made such request.  If either Party makes such a request, this 
Agreement may remain in effect for a period not to exceed three (3) months 
following the Termination Date, for the purpose of incorporating into the new 
Agreement any arbitration decision or related order issued within three (3) 
months prior to the end of such nine (9) month period.”

  21. 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.

  22. 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 23rd day of February, 2000.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      MARILYN SHOWALTER, Chairwoman



      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner