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-980386
Between        )  
       )
NET-tel CORPORATION    )
        )
        )  ORDER APPROVING  
and       )  FULLY NEGOTIATED          )  INTERCONNECTION AGREEMENT 
U S WEST COMMUNICATIONS, INC.  )  FOR SERVICE RESALE
  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  )


BACKGROUND

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a fully negotiated agreement for 
service resale under the Telecommunications Act of 1996.  The agreement is 
between NET-tel Corporation (NET-tel), and U S WEST Communications, Inc. (U S 
WEST).  On November 4, 1998, the parties filed a joint request seeking approval 
of a fully negotiated agreement for service resale (Agreement).  The parties 
executed the Agreement on October 23, 1998.

   On December 23, 1998, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the joint request for approval of 
the Agreement.  At the open meeting, the Commission approved the Agreement as 
submitted.


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 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 inconsistent    
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. NET-tel is authorized to provide intrastate and local exchange 
telecommunications services in the state of Washington.

  5. On November 4, 1998, the parties filed with the Commission a joint request 
for approval of a fully negotiated interconnection agreement for service resale 
pursuant to the 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 NET-tel 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 service resale between NET-tel Corporation, and U S WEST 
Communications, Inc., filed on November 4, 1998, 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.

  DATED at Olympia, Washington, and effective this 23rd day of 
December, 1998.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




       ANNE LEVINSON, Chair



       RICHARD HEMSTAD, Commissioner



       WILLIAM R. GILLIS, Commissioner