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 ADVANCED TELCOM GROUP, INC. and U S WEST COMMUNICATIONS, INC. ............................................................... ) ) ) ) ) ) ) ) ) ) ) DOCKET UT-980390 ORDER APPROVING ADOPTION OF PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT BACKGROUND This matter comes before the Washington Utilities and Transportation Commission (Commission) for approval of adoption of a previously approved Interconnection Agreement under the Telecommunications Act of 1996 (Act) between Advanced TelCom Group, Inc. (ATGI), and U S WEST Communications (U S WEST). On November 13, 1998, the parties filed a joint request for approval to adopt the previously approved interconnection agreement (Agreement) between Covad Communications Company (Covad), and U S WEST in its entirety. The parties executed the Agreement on November 6, 1998. On December 9, 1998, the Commission convened an open public meeting at its offices in Olympia, Washington, to consider the 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, requires parties to fully negotiated agreements to submit the agreement to the DOCKET UT-980390 PAGE 1 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. 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. ATGI is authorized to provide intrastate interexchange and local exchange telecommunications services in the state of Washington. 5. On November 13, 1998, the parties filed with the Commission a joint request for approval an agreement for network interconnection and service resale pursuant to the Act. 6. The Agreement is an adoption of a previously approved 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 ATGI to enter the local exchange market and increase customer choices for local exchange services. The provisions of the Agreement are consistent with the public interest, convenience, and necessity. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the subject matter of and all parties to this proceeding. 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. ORDER THE COMMISSION ORDERS: 1. The Agreement for network interconnection between Advanced TelCom Group, Inc., and U S WEST Communications, Inc., which the parties executed on November 6, 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 of 1996 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 9th day of December, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner