BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Request for               )
Approval of Negotiated Agreement         )
Under the Telecommunications Act of                     ) DOCKET UT-990386
1996 Between            )  
            )
NEW EDGE NETWORK, INC.        )
            ) ORDER APPROVING
and             ) NEGOTIATED AGREEMENT
     ) FOR SERVICE RESALE
U S WEST COMMUNICATIONS, INC.                ) AND INTERCONNECTION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .)


BACKGROUND

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a negotiated interconnection agreement 
(Agreement) between New Edge Network, Inc., (New Edge) and U S WEST 
Communications, Inc., (U S WEST) pursuant to the Telecommunications Act of 
1996, Public Law No. 104-104,101 Stat. 56 (1996) (Telecom Act).  On August 27, 
1999, the parties jointly filed a request that Allegiance receive all 
arrangements provided in an interconnection agreement previously approved by 
the Commission between Covad Communications and U S WEST in Docket UT-980312.  
The parties executed the Agreement on, or about, August 10, 1999. 

  On September 22, 1999, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the request for approval of the 
Agreement.  At the open meeting, the Commission approved the Agreement.


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) of the Telecom Act, requires parties to submit 
interconnection agreements 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.  U S WEST is engaged in the business of furnishing telecommunications 
services, including, but not limited to, basic local exchange service within 
the state of Washington.

  4. New Edge is not currently authorized to provide telecommunications 
services in the state of Washington.  Approval of this agreement does not in 
any way waive New Edge’s requirement to become a registered telecommunications 
service provider in the state of Washington.  This agreement will not become 
operable until such time as New Edge has been registered as a 
telecommunications service provider by this Commission.

  5.  On August 27, 1999, the parties jointly filed with the Commission a 
request for approval of a negotiated interconnection agreement for network 
interconnection and service resale pursuant to the Telecom Act.

  6.  The Agreement consists of arrangements previously approved by the 
Commission, in its entirety.

  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 New Edge 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 Section 252(e).

  4.  The laws, regulations, and Commission orders of Washington 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.


O R D E R

 THE COMMISSION ORDERS:

  1.  The Agreement for network interconnection and service resale between New 
Edge Network, Inc., and U S WEST Communications, Inc., which the parties 
executed on, or about, August 10, 1999, is approved.

  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 Telecommunications 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, regulations, and Commission orders of Washington 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.

  4. New Edge Network, Inc., is not currently authorized to provide 
telecommunications services in the state of Washington.  Approval of this 
agreement does not in any way waive New Edge’s requirement to become a 
registered telecommunications service provider in the state of Washington.  
This agreement will not become operable until such time as New Edge Network, 
Inc., has been registered as a telecommunications service provider by this 
Commission.

  DATED at Olympia, Washington, and effective this 22nd day of September 1999.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

  

      MARILYN SHOWALTER, Chairwoman 




      WILLIAM R. GILLIS, Commissioner