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 ) DOCKET UT-990393
        )  
       )
MVX.COM COMMUNICATIONS, INC.  )
        ) ORDER APPROVING  
and       ) NEGOTIATED   
       ) AGREEMENT FOR
U S WEST COMMUNICATIONS, INC.  )  RESALE OF SERVICES
  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . .  .  .  .  . ) 


BACKGROUND

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a fully negotiated agreement for the 
resale of specified exchange services (Agreement) under the Telecommunications 
Act of 1996 (Telecom Act).  The Agreement is between MVX.COM Communications, 
Inc., (MVX.COM) and U S WEST Communications, Inc. (U S WEST).  The parties 
executed the Agreement on September 2, 1999, and a joint request for approval 
was filed on September 21, 1999.   On October 21, 1999, the parties submitted a 
revised page 5 which was substituted into the Agreement.

MEMORANDUM

   On October 27, 1999, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the request for approval of the 
agreement between MVX.COM and U S WEST.  The Commission granted its approval of 
the Agreement as negotiated and executed by the parties.

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. 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. MVX.COM is authorized to provide local exchange telecommunications 
services in the state of Washington.

  5. On September 21, 1999, the parties filed with the Commission a joint 
request for approval of a negotiated resale of services agreement pursuant to 
the Telecom Act.

  6. MVX.COM and U S WEST 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 MVX.COM to enter the local exchange market and increase 
customer choices for local exchange services.

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 Agreement meets the criteria of Sections 251 and 252 of the Telecom 
Act, including Section 252(e).

  4. 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.

O R D E R

  THE COMMISSION ORDERS:

  1. The agreement for resale of services between MVX.COM Communications, Inc., 
and U S WEST Communications, Inc., which the parties executed on September 2, 
1999, is approved and effective.

  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 27th day of October, 1999.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      MARILYN SHOWALTER, Chairwoman

       

      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner