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

O1 COMMUNICATIONS OF WASHINGTON, LLC

and

GTE NORTHWEST INCORPORATED
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	)	DOCKET NO. UT-003010
		
		ORDER APPROVING NEGOTIATED AGREEMENT FOR INTERCONNECTION AND RESALE OF SERVICES 


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 O1 
Communications of Washington, LLC (O1), and GTE Northwest Incorporated (GTE).  
The parties filed the Agreement and a joint request for approval on January 28, 
2000.  On March 2, 2000, the parties filed voluntarily negotiated supplemental 
arrangements with the Commission to replace arrangements contained in the 
Agreement.

MEMORANDUM

  2. The agreement between O1 and GTE was brought before the Commission at its 
regularly scheduled open public meeting of March 22, 2000, at its offices in 
Olympia, Washington.  The Commission granted its approval of the Agreement as 
negotiated and requested by the parties.

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. O1 is authorized to provide telecommunications services to the public in 
the state of Washington.

  7. On January 28, 2000, 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 voluntarily negotiated by the 
parties and of arrangements previously approved by the Commission on May 12, 
1999, in Docket No. UT-980370.  The voluntarily negotiated arrangements replace 
the previously approved arrangements contained in Article III, Section 2.1 and 
2.2.

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

  10. The Agreement will facilitate local exchange competition in the state of 
Washington by enabling O1 to enter the local exchange market and increase 
customer choices for local exchange services.

CONCLUSIONS OF LAW

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

  12. The Agreement is consistent with the public interest, convenience, and 
necessity.

  13. The Agreement meets the requirements of Sections 251 and 252 of the 
Telecom Act, including Section 252(e).

  14. 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:

  15. The Agreement for interconnection and resale of services between O1 
Communications of Washington, LLC, and GTE Northwest Incorporated, which the 
parties filed on January 28, 2000, is approved and effective.

  16. 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.

  17. 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 22nd day of March, 2000.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      MARILYN SHOWALTER, Chairwoman



      WILLIAM R. GILLIS, Commissioner