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

FUZION WIRELESS COMMUNICATIONS

and

VERIZON NORTHWEST INC.
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		DOCKET NO. UT-013044
		
		
		ORDER APPROVING NEGOTIATED AGREEMENT FOR INTERCONNECTION AND RESALE OF SERVICES

BACKGROUND

1 This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for  approval of a negotiated agreement for 
interconnection and the resale of specified exchange services  (Agreement) 
under the Telecommunications Act of 1996 (Telecom Act).  The Agreement is 
between  Fuzion Wireless Communications (Fuzion) and Verizon Northwest Inc. 
(Verizon).  The parties filed a  joint request for approval of the Agreement on 
May 9, 2001.

2 The parties ask the Commission to allow them to adopt, pursuant to the FCC’s 
Bell Atlantic/GTE  Merger Conditions (Merger Conditions), released on June 16, 
2000, in CC Docket No. 98-184, an  agreement between Verizon and Fuzion 
approved in the state of Florida.

MEMORANDUM

3 The request of Fuzion and Verizon comes before the Commission at its 
regularly scheduled open public  meeting of May 30, 2001, at its offices in 
Olympia, Washington.  The Commission has a complaint  before it in Docket No. 
UT-013019, in which one disputed issue is whether the Merger Conditions  
require Verizon to make available in Washington state the terms of 
interconnection agreements   approved by other state commissions.  The 
Commission has not determined in that proceeding the  effect of the Merger 
Conditions and, therefore, approves the request of Fuzion and Verizon in this  
docket as a fully negotiated agreement, pursuant to 47 U.S.C. § 252, state law, 
and the Commission’s  rules.

FINDINGS OF FACT

4 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.

5 Section 252(e)(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.

6 Verizon is engaged in the business of furnishing telecommunications services, 
including, but not limited  to, basic local exchange service within the state 
of Washington.

7 Fuzion is not currently authorized to provide telecommunications services to 
the public in the state of  Washington.

8 On May 9, 2001, the parties filed with the Commission a joint request for 
approval of an agreement for  interconnection and resale of services.

9 The Agreement does not discriminate against any other telecommunications 
carrier.

10 The Agreement will facilitate local exchange competition in the state of 
Washington by enabling Fuzion  to enter the local exchange market and increase 
customer choices for local exchange services.

CONCLUSIONS OF LAW

11 The Commission has jurisdiction over the subject matter and all parties to 
this proceeding.

12 The Agreement is consistent with the public interest, convenience, and 
necessity.

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

14 Approval of the Agreement does not in any way waive Fusion’s requirement to 
become a registered  telecommunications service provider in the state of 
Washington.

15 The laws and regulations of the State of Washington, and Commission orders 
govern the construction  and interpretation of the Agreement.  The Agreement is 
subject to the jurisdiction of the Commission  and the Washington courts.

O R D E R

 THE COMMISSION ORDERS:

16 The Agreement for interconnection and resale of services between Fuzion 
Wireless Communications  and Verizon Northwest Inc., which the parties filed on 
May 9, 2001, is approved.

17 Fuzion Wireless Communications is not currently authorized to provide 
telecommunications services in  the state of Washington.  Approval of the 
Agreement does not in any way waive Fuzion Wireless  Communications’ 
requirement to become a registered telecommunications service provider in the 
state  of Washington.  The Agreement will not become operable until such time 
as Fuzion Wireless   Communications has been registered as a telecommunications 
service provider by this Commission.

18 In the event that the parties revise, modify, or amend the agreement 
approved herein, the revised,  modified, or amended agreement will be deemed to 
be a new negotiated agreement under the Telecom  Act and must 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.

19 The laws and regulations of the State of Washington, and Commission orders 
govern the construction  and interpretation of the Agreement.  The Agreement is 
subject to the jurisdiction of the Commission  and the Washington courts.

 DATED at Olympia, Washington, and effective this 30th day of May, 2001.

 WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



MARILYN SHOWALTER, Chairwoman



     RICHARD HEMSTAD, Commissioner