BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of Request For Approval of      )
Negotiated Agreement Under the             )
Telecommunications Act of 1996       ) DOCKET UT-990387
Between        )  
       )
NOW COMMUNICATIONS, INC.   )
        ) ORDER APPROVING  
and       ) NEGOTIATED AGREEMENT
        ) FOR SERVICE RESALE
 GTE NORTHWEST INCORPORATED  ) AND INTERCONNECTION
  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  ..)  


BACKGROUND

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a negotiated agreement for network 
interconnection and service resale (Agreement) between Now Communications, Inc. 
(NOW), and GTE Northwest Incorporated (GTENW) under the Telecommunications Act 
of 1996 (Telecom Act).  The parties executed the Agreement on August 20, 1999, 
and a joint request for approval was filed on August 27, 1999.

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


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 Telecommunications Act of 1996 (Act), requires 
parties to negotiated agreements 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.  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.  Now Communications, Inc., is not currently authorized to provide 
telecommunications services in the state of Washington.  Approval of this 
agreement does not in any way waive Now’s requirement to become a registered 
telecommunications service provider in the state of Washington.  This agreement 
will not become operable until such time as Now Communications, Inc., has been 
registered as a telecommunications service provider by this Commission.

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

  6.  The parties 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 Now Communications, Inc., 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 between Now Communications, 
Inc., and GTE Northwest Incorporated, filed on August 27, 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.  Now Communications, Inc., is not currently authorized to provide 
telecommunications services in the state of Washington.  Approval of this 
agreement does not in any way waive Now Communications Inc.’s requirement to 
become a registered telecommunications service provider in the state of 
Washington.  This agreement will not become operable until such time as Now 
Communications, 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