BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition for Arbitration ) DOCKET NO. UT-980370 of an Interconnection Agreement Between ) ) ELECTRIC LIGHTWAVE, INC., ) THIRD SUPPLEMENTAL SERVICES, INC. and GTE NORTHWEST ) ORDER EXTENDING INCORPORATED ) STATUTORY DEADLINE ) Pursuant to 47 USC Section 252. ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) I. PROCEDURAL BACKGROUND 1. On December 1, 1998, the Commission extend the statutory deadline established by the federal Telecommunications Act of 1996 (Telecom Act) for resolution of disputed issues from February 1, 1999, to March 8, 1999, upon the joint request of Electric Lightwave, Inc. (ELI), and GTE Northwest Incorporated (GTE). 2. On January 20, 1999, the Commission approved the stipulation between ELI and GTE to admit testimony and exhibits into the record and submit disputed issues without cross-examination, and established a schedule for the filing of opening and reply briefs. II. ADDITIONAL REQUEST FOR EXTENSION OF STATUTORY DEADLINE 3. On February 24, 1999, the parties jointly requested an additional extension of the statutory deadline to March 22, 1999, and for permission to file supplemental briefs. The extension is sought in order to afford the parties an opportunity to review an anticipated decision of the Federal Communications Commission (FCC) related to the delivery of "dial-up traffic” to Internet service providers and to argue the potential impact of the FCC decision on pending issues in this proceeding. 4. The request is made contingent upon the FCC issuing such a decision in Docket CC 96-98 no later than February 26, 1999. 5. The parties agree to further waive all rights to legally challenge a Commission decision on the basis of timeliness so long as the Commission enters an order resolving those issues on or before March 22, 1999. 6. The parties have stated good cause for an extension of time to file supplemental briefs. Based upon the representations of the parties and the terms of waiver previously agreed to in this proceeding, the Commission grants the joint request. III. SUPPLEMENTAL BRIEFS 7. Supplemental briefs, not to exceed 15 pages, must be filed and served on March 8, 1999, and be limited to a discussion of the potential impact of the FCC’s decision on disputed issues in this proceeding, including jurisdictional issues. The parties may file and serve by facsimile if a paper copy is delivered on the following business day. The filing of supplemental briefs must be accompanied by an electronic version in WordPerfect 5.1 or 6.1 format. DATED at Olympia, Washington and effective this 25th day of February 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION LAWRENCE J. BERG Arbitrator