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

METROCALL, INC.,

and

QWEST CORPORATION
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		DOCKET NO. UT-013004
		
		ORDER APPROVING NEGOTIATED AGREEMENT FOR TYPE 1 AND TYPE 2 PAGING CONNECTION 

 BACKGROUND 

1. This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a negotiated agreement for Type 1 and 
Type 2 paging connection (Agreement) under the Telecommunications Act of 1996 
(Telecom Act).  The Agreement is between MetroCall, Inc., (MetroCall), and 
Qwest Corporation (Qwest).  The parties filed a joint request for approval of 
the Agreement on January 12, 2001.

 MEMORANDUM

2. The Agreement between MetroCall and Qwest was brought before the Commission 
at its regularly scheduled open public meeting of February 14, 2001, 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. Qwest is engaged in the business of furnishing telecommunications services, 
including, but not limited to, basic local exchange service within the state of 
Washington.

6. MetroCall is licensed to provide paging services by the Federal 
Communications Commission.

7. On January 12, 2001, the parties filed with the Commission a joint request 
for approval of a negotiated paging connection agreement pursuant to the 
Telecom Act.

8. MetroCall and Qwest voluntarily negotiated the entire Agreement.

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

10. The Agreement will facilitate local exchange competition in the state of 
Washington.

 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 paging connection between MetroCall, Inc., and Qwest 
Corporation, which the parties filed on January 12, 2001, 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 14th day of February, 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner