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
ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC., 
and
QWEST CORPORATION 
f/k/a U S WEST COMMUNICATIONS, INC.
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	)	        DOCKET NO. UT-003067 
		         ORDER APPROVING NEGOTIATED THIRD AMENDED AGREEMENT FOR INTERCONNECTION 
AND RESALE SERVICES

BACKGROUND         
                  1.          This matter comes before the Washington Utilities 
and Transportation Commission (Commission) for approval of a negotiated third 
amended agreement (Amended Agreement) under the Telecommunications Act of 1996 
(Telecom Act). The Amended Agreement is between Adelphia Business Solutions 
Operations, Inc., (Adelphia), and Qwest Corporation (Qwest), f/k/a U S WEST 
Communications, Inc. On July 12, 2000, the Commission allowed Adelphia to 
adopt, pursuant to Section 252(i) of the Telecom Act, the interconnection 
agreement between Covad Communications Company (Covad) and Qwest, including a 
first and second amendment. On August 17, 2000, the parties filed a joint 
request for approval of a third amendment. 
MEMORANDUM 
                  2.          The Amended Agreement between Adelphia and Qwest 
was brought before the Commission at its regularly scheduled open public 
meeting of October 11, 2000, at its offices in Olympia, Washington. The 
Commission granted its approval of the Amended Agreement as negotiated and 
requested by the parties.
FINDINGS OF FACT
                  3.          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.
                  4.          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.
                  5.          Qwest is engaged in the business of furnishing 
telecommunications services, including, but not limited to, basic local 
exchange service within the state of Washington.
                  6.          Adelphia is authorized to provide 
telecommunications services to the public in the state of Washington.
                  7.          On July 12, 2000, the Commission allowed Adelphia 
to adopt, pursuant to Section 252(i) of the Telecom Act, the interconnection 
agreement between Covad and Qwest, including a first and second amendment. The 
Commission ordered that in the event the parties amended their agreement, the 
amended agreement would be deemed a new agreement under the Telecom Act and 
must be submitted to the Commission for approval. 
                  8.          On August 17, 2000, the parties filed with the 
Commission a joint request for approval of a third amendment to the previously 
adopted interconnection agreement, pursuant to the Telecom Act.
                  9.          Adelphia and Qwest voluntarily negotiated the 
entire amendment.
                  10.          The Amended Agreement does not discriminate 
against any other telecommunications carrier.
                  11.          The Amended Agreement will facilitate local 
exchange competition in the state of Washington by enabling Adelphia to expand 
its presence in the local exchange market and increase customer choices for 
local exchange services.
        CONCLUSIONS OF LAW 
                  12.          The Commission has jurisdiction over the subject 
matter and all parties to this proceeding.
                  13.          The Amended Agreement is consistent with the 
public interest, convenience, and necessity.
                  14.          The Amended Agreement meets the requirements of 
Sections 251 and 252 of the Telecom Act, including Section 252(e).
                  15.          The laws and regulations of the State of 
Washington, and Commission orders govern the construction and interpretation of 
the Amended Agreement. The Amended Agreement is subject to the jurisdiction of 
the Commission and the Washington courts.
O R D E R 
        THE COMMISSION ORDERS: 
                  16.          The Amended Agreement between Adelphia Business 
Solutions Operations, Inc., and Qwest Corporation, f/k/a U S WEST 
Communications, Inc., which the parties filed on August 17, 2000, is approved 
and effective.
                  17.          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. 
                  18.          The laws and regulations of the State of 
Washington, and Commission orders govern the construction and interpretation of 
the Amended Agreement. The Amended Agreement is subject to the jurisdiction of 
the Commission and the Washington courts.
                  DATED at Olympia, Washington, and effective this 11th day of 
October, 2000.
                  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
                                                              MARILYN 
SHOWALTER, Chairwoman 
                                                              RICHARD HEMSTAD, 
Commissioner 
                                                               WILLIAM R. 
GILLIS, Commissioner