DOCKET NO. UT-970318 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of Request For Approval of ) an Agreement to Adopt Interconnection ) Agreement under the ) DOCKET NO. UT-970318 Telecommunications Act of 1996 between ) ) NORTH COUNTY COMMUNICATIONS ) ORDER APPROVING ADOPTION CORPORATION, and ) OF INTERCONNECTION U S WEST COMMUNICATIONS, INC. ) AGREEMENT ) . . . . . . . . . . . . . . . . . . . . ) Procedural History. This matter comes before the Washington Utilities and Transportation Commission (“Commission”) for approval of an Agreement to Adopt Arbitrated Interconnection Agreement under the Telecommunications Act of 1996 between North County Communications Corporation (“North County”), and U S WEST Communications, Inc., (“USWC”). The parties jointly filed a request for approval to adopt the previously approved local interconnection agreement between MFS Intelenet, Inc. (“MFS”), and USWC in its entirety. The Commission considered the Joint Request in support of the Agreement at an open public meeting held on August 27, 1997. 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. The Commission is authorized by Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (“Act”), to approve adopted agreements for network interconnection between telecommunications providers. 3. USWC is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 4. North County is authorized to provide intrastate interexchange and local exchange telecommunications services in the state of Washington. 5. On July 2, 1997, North County and USWC jointly filed with the Commission a request for approval of an Agreement to Adopt Arbitrated Interconnection Agreement for network interconnection pursuant to the Act. 6. The Agreement is an adoption of a previously approved local interconnection 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 North County 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 including Sectioin 252(e). 4. The laws of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. O R D E R THE COMMISSION ORDERS: 1. The Agreement for wireless network interconnection between North County Communications Corporation, and U S WEST Communications, Inc., dated June 25, 1997, is approved. 2. The laws of Washington shall govern the construction and interpretation of the Agreement. The Agreement shall also be subject to the present and future decisions of the Commission and the Washington courts. DATED at Olympia, Washington, and effective this th day of August 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner