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 TRITON CELLULAR PARTNERS OF FERRY LLC TRITON CELLULAR PARTNERS OF BEND LLC and GTE NORTHWEST INCORPORATED ........................................................................ ))))) ) ) )))))))))))) DOCKET NO. UT-990372 ERRATA ORDER; ORDER APPROVING NEGOTIATED WIRELESS INTERCONNECTION AGREEMENT BACKGROUND This matter previously came before the Washington Utilities and Transportation Commission (Commission) for approval of a negotiated wireless interconnection agreement (Agreement) under the Telecommunications Act of 1996, 47 U.S.C. § 151 et seq. (Telecom Act). The Agreement is between Triton Cellular Partners of Ferry LLC and Triton Cellular Partners of Bend LLC (Triton), and GTE Northwest Incorporated (GTE). On July 27, 1999, the parties jointly filed a request for approval of an interconnection agreement that the Commission previously approved between US West Wireless LLC and GTE (Docket No. UT-960318), in its entirety. The parties executed the Agreement on, or about, July 15, 1999. MEMORANDUM On August 11, 1999, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the request for approval of the agreement between Triton and GTE. The Commission granted its approval of the Agreement as negotiated and executed by the parties. The Commission Order approving the Agreement contained several clerical errors that are corrected by this Errata Order. 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. Section 252(e)(A)(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. 3. GTE is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the State of Washington. 4. Triton is licensed by the Federal Communications Commission as a commercial mobile radio service provider. 5. Triton and GTE filed a joint request for approval of an interconnection agreement on July 27, 1999. 6. Triton and GTE represented that they voluntarily negotiated the entire Agreement. 7. The Agreement does not discriminate against any other telecommunications carrier. 8. The Agreement will facilitate local exchange competition in the State of Washington by enabling Triton to enter the local exchange market and increase customer choices for local exchange services. The provisions of the Agreement are consistent with the public interest, convenience, and necessity. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter and all parties to this proceeding. 2. The Agreement is consistent with the public interest, convenience, and necessity. 3. 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. ORDER THE COMMISSION ORDERS: 1. The Agreement for network interconnection between Triton Cellular Partners of Ferry LLC, Triton Cellular Partners of Bend LLC, and GTE Northwest Incorporated, which the parties executed on, or about, July 15, 1999, is approved and effective as of August 11, 1999. 2. 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. 3. 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 day of October, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner