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

YIPES TRANSMISSION, INC.,

and

QWEST CORPORATION
.    .    .    .    .    .    .    .    .    .    .    .    .   .   .   .   .	
	)
	)
	)
	)
	)
	)
	)
	)
	)
	)	
		DOCKET NO. UT-013013
		
		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 
Yipes Transmission, Inc., (Yipes), and Qwest Corporation (Qwest).  The parties 
filed a joint request for approval of the Agreement on February 6, 2001.


 MEMORANDUM

2. The agreement between Yipes and Qwest was brought before the Commission at 
its regularly scheduled open public meeting of February 23, 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. Yipes is authorized to provide telecommunications services to the public in 
the state of Washington.  

7. On February 6, 2001, 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. Yipes 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 by enabling Yipes 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 
govern the construction and interpretation of the Agreement.  The Agreement is 
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 Yipes 
Transmission, Inc., and Qwest Corporation, which the parties filed on February 
6, 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 will be deemed to 
be a new negotiated agreement under the Telecom Act and must 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 
govern the construction and interpretation of the Agreement.  The Agreement is 
subject to the jurisdiction of the Commission and the Washington courts.


DATED at Olympia, Washington, and effective this 23rd day of February, 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner