DOCKET UT-980158 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition ) DOCKET UT-980158 of NorthPoint Communications, Inc., ) 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 September 2, 1997, NorthPoint Communications, Inc., filed an application request for registration to operate as a provider of long distance and local exchange services. NorthPoint Communications, Inc., proposes to offer telecommunications services as a facilities based and resale provider of interLATA, intraLATA, high speed private line and data, local exchange and switched access, and other telecommunications services. NorthPoint Communications, Inc., proposes to provide these services through its own facilities located in the state of California and on a resale basis from the incumbent local provider. As a facilities based carrier, NorthPoint Communications, Inc., will deploy xDSL technology in central offices throughout Washington. NorthPoint Communications, Inc., is a Delaware corporation which is wholly owned by numerous shareholders and is headquartered in San Francisco, California. NorthPoint Communications, Inc.’s, proposed tariff as amended is satisfactory and will mirror Local Exchange Company calling. NorthPoint Communications, Inc., has provided the information necessary to demonstrate that NorthPoint Communications, Inc., possesses adequate financial resources and technical competence to provide the proposed services. NorthPoint Communications, Inc., 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. NorthPoint Communications, Inc., does not propose to collect advanced payments or deposits from customers. FINDINGS THE COMMISSION FINDS: 1. NorthPoint Communications, Inc., is a public service company subject to the jurisdiction of this Commission under the provisions of chapter 80.36 RCW. 2. NorthPoint Communications, Inc., 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 NorthPoint Communications, Inc., filed with the Commission requesting an order authorizing registration to 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 in Exhibit G, attached to the application, is satisfactory. Prior to supplying service to the public as a long distance, local exchange carrier or provision of access transmission services, NorthPoint Communications, Inc., shall file and receive permission and approval for an initial tariff identical to amended Exhibit G 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. Registration of NorthPoint Communications, Inc., as a telecommunications company shall not be construed as an endorsement of financial viability nor of the investment quality of any securities it may issue. 5. NorthPoint Communications, Inc., 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 25th day of March, 1998. THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION PAUL CURL, Acting Secretary