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-990396 Between ) ) TDS TELECOM, INC. ) ) ORDER APPROVING and ) NEGOTIATED ) AGREEMENT FOR SPRINT COMMUNICATIONS COMPANY, L.P. ) INTERCONNECTION . . . . . . . . . . . . . . . . . . . . . . . . ) BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (Commission) for approval of a negotiated agreement for network interconnection and the mutual exchange of traffic (Agreement) between TDS Telecom, Inc. (TDS), and Sprint Communications Company, L.P. (Sprint), under the Telecommunications Act of 1996 (Telecom Act). The parties executed the Agreement on August 31, 1999, and a joint request for approval was filed on September 27, 1999 MEMORANDUM On October 13, 1999, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the joint request for approval of the Agreement between TDS and Sprint. The Commission granted its approval of 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 fully 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. Sprint is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 4 TDS is authorized to provide intrastate interexchange and local exchange telecommunications services in the state of Washington. 5. On September 27, 1999, TDS and Sprint jointly filed with the Commission a request for approval of a negotiated “Mutual Traffic Exchange Agreement” pursuant to the Telecom Act. 6. TDS and Sprint 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 TDS 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 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 network interconnection between TDS Telecom, Inc., and Sprint Communications Company, L.P., filed on September 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 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 13th day of October, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman WILLIAM R. GILLIS, Commissioner RICHARD HEMSTAD, Commissioner