DOCKET NO. UT-980314 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of Request For Approval of ) an Agreement to Adopt Negotiated ) Interconnection Agreement under the ) DOCKET NO. UT-980314 Telecommunications Act of 1996 between ) ) COVAD COMMUNICATIONS COMPANY ) ORDER APPROVING ADOPTION and ) OF ARBITRATED GTE NORTHWEST INCORPORATED ) INTERCONNECTION AGREEMENT ) . . . . . . . . . . . . . . . . . . . . ) Procedural History. This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of adoption of an arbitrated Interconnection Agreement under the Telecommunications Act of 1996 between Covad Communications Company (“Covad”), and GTE Northwest, Incorporated (“GTENW”). On April 13, 1998, the parties jointly filed a request for approval to adopt the previously approved interconnection agreement between MCI Metro Access Transmission Services (“MCIm”), and GTENW in its entirety. GTENW has entered into the agreement but does not waive all rights and remedies it has concerning its position as to the legality or reasonableness of the terms of the arbitrated agreement. The parties executed the Agreement on April 10, 1998. The Commission considered and approved the joint request in support of the Agreement at an open public meeting held on April 22, 1998. FINDINGS OF FACT 1. 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. 2. The Commission is authorized by Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (“Act”), to approve adopted agreements for network interconnection and service resale between telecommunications providers. 3. GTENW is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 4. Covad is authorized to provide intrastate and local exchange telecommunications services in the state of Washington. 5. On April 13, 1998, the parties jointly filed with the Commission a request for approval of adoption of an arbitrated Interconnection Agreement for network interconnection and service resale pursuant to the Act. 6. GTENW has entered into the agreement but does not waive all rights and remedies it has concerning its position as to the legality or reasonableness of the terms of the arbitrated agreement. 7. The Agreement is an adoption of a previously approved interconnection agreement. 8. The Agreement does not discriminate against any other telecommunications carrier. 9. The Agreement will facilitate local exchange competition in the state of Washington by enabling Covad to enter the local exchange market and provide customers with increased choices among local exchange services. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter and all parties. 2. The Agreement is consistent with the public interest, convenience, and necessity. 3. The Agreement meets the criteria of Sections 251 and 252 of the Act, including including Section 252(e). 4. The laws of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. O R D E R THE COMMISSION ORDERS: 1. The Agreement for network interconnection and service resale between Covad Communications Company and GTE Northwest, Incorporated, dated April 10, 1998, is approved. 2. The laws of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. DATED at Olympia, Washington, and effective this 22nd day of April, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner