DOCKET UT-970553 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition ) DOCKET UT-970553 of Covad Communications Company ) for an Order Granting ) ORDER GRANTING Registration ) REGISTRATION to Provide Local Exchange ) AND AUTHORIZING Services and Authorizing ) THE PROVISION OF Provision of Interexchange and Switched ) INTEREXCHANGE AND Intraexchange Telecommunications ) SWITCHED INTRAEXCHANGE Services ) TELECOMMUNICATIONS ........................................................................) SERVICES On March 27, 1997, Covad Communication Company filed an application request for registration to operate as a provider of long distance and local exchanges services. Covad Communications Company (Covad) proposes to offer telecommunications services as a reseller of the services of incumbent and other local exchange carriers, provision of interLATA, intraLATA, high speed private line, local exchange and switched access, and all other telecommunications services. Covad will provide high speed data services in Washington and will provide the full range of local exchange, high speed private line, switched access and long distance services in the State of Washington. Covad proposes to provide these services through a combination of its own facilities and facilities to be leased from a variety of existing carriers. Covad seeks to register as a facilities based and resale carrier. As a facilities based carrier, Covad intends to house equipment within the structure of the central offices of the ILECs and utilize unbundled elements of the ILECs and does not propose to undertake construction of new buildings, towers, conduits, poles or trenches. Covad intends to expand its services incrementally, on a city by city basis within the service areas of U S WEST, GTE and other local exchange companies. Covad intends to commence services in the Seattle area. Covad Communications Company is a corporation organized under the laws of California and incorporated on October 7, 1996. The Chairman of the Board of Directors, Mr. Duncan M. Davidson is located in Cupertino California, as are Covad President Charles J. McMinn and Vice President Mr. Dhruv Khanna.. Covad’s proposed tariff as amended is satisfactory and will mirror Local Exchange Company calling. Covad has provided the information necessary to demonstrate Covad possesses adequate financial resources and technical competence to provide the proposed services. Covad has voluntarily committed to collect and remit to appropriate administrative agencies relevant excise taxes in support of various social programs, including enhanced 911, telecommunications relay services, and lifeline. Covad does not propose to collect advanced payments or deposits from customers. FINDINGS THE COMMISSION FINDS: 1. Covad Communications Company, is a public service company subject to the jurisdiction of this Commission under the provisions of chapter 80.36 RCW. 2. Covad Communications Company, has provided sufficient information to show that it is financially and technically capable to provide the services proposed. 3. It appears, upon investigation, that the request for authority to register as a telecommunications company and provide Interexchange and Intraexchange switched telecommunications services should be approved. 4. In this proceeding, the Commission in no way endorses the financial viability of applicant nor the investment quality of any securities it may issue. O R D E R THE COMMISSION ORDERS: 1. After the effective date of this order and subject to the conditions hereof, the application of Covad Communications Company, filed with the Commission requesting authority to amend the application for registration and provide Intraexchange telecommunications services is hereby granted. 2. This order shall in no way affect the authority of this Commission over rates, service, accounts, valuations, estimates or determination of costs, or any matters whatsoever that may come before it, nor shall anything herein be construed as an acquiescence in any estimate or determination of costs, or any valuation of property claimed or asserted. 3. The proposed tariff as filed and amended, attached to the application, is satisfactory. Prior to supplying service to the public as a long distance, local exchange carrier or provision of resold services of incumbent and other local exchange carriers, Covad Communications Company, shall file and receive permission and approval for an initial tariff with the Commission. The tariff shall bear an effective date not less than 30 days subsequent to the date of receipt by the Commission. 4. Covad Communications Company, shall not collect advanced payments or deposits without first showing that it has a satisfactory arrangement to protect customer monies as stated in WAC 480-121-040. DATED at Olympia, Washington, and effective this rd day of April, 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STEVE McLELLAN, Secretary