BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of Request for Approval of Negotiated Agreement Under the 
Telecommunications Act of 1996 Between

HIGHSPEED.COM OF WASHINGTON

and 

US WEST COMMUNICATIONS
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		DOCKET UT-990352
		
		
		NEGOTIATED FIRST AND SECOND AMENDMENTS TO FULLY NEGOTIATED AGREEMENT FOR 
SERVICE RESALE AND INTERCONNECTION


BACKGROUND

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of First and Second Amendments to a 
previous fully negotiated agreement for network interconnection and service 
resale under the Telecommunications Act of 1996.  The agreement is between 
HighSpeed.com of Washington (Highspeed.com), and U S WEST Communications (U S 
WEST).  On 
July 22, 1999, the parties filed a joint request seeking approval of fully 
negotiated First and Second Amendments to a previous fully negotiated agreement 
for network interconnection (Amendments).  The parties executed the Amendments 
on July 13, 1999.

  On August 11, 1999, the Commission convened an open public meeting at its 
offices in Olympia, Washington, to consider the joint request for approval of 
the Amendments.  At the open meeting, the Commission approved the Amendments.


FINDINGS OF FACT

  1.  The Commission is an agency of the State of Washington vested by statute 
with the authority to regulate the rates, 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 consistent 
       with the public interest, convenience, and necessity.

  3.  US WEST Communications is engaged in the business of furnishing 
telecommunications services, including, but not limited to, basic local 
exchange service within the state of Washington.

  4.  HighSpeed.com of Washington, is authorized to provide intrastate 
interexchange and local exchange telecommunications services within the state 
of Washington.

  5.  On July 22, 1999, the parties filed with the Commission a joint request 
for approval of First and Second Amendments to a previous fully negotiated 
interconnection agreement pursuant to the Act.

  6.  The parties voluntarily negotiated the amendments.
  
  7.  The Amendments do not discriminate against any other telecommunications 
carrier.

  8.  The Amendments will facilitate local exchange competition in the state of 
Washington by enabling HighSpeed.com of Washington, to expand its presence in 
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 Amendments are consistent with the public interest, convenience, and 
necessity.

  3.  The Amendments meet 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 Amendments and 
Agreement shall also be subject to the jurisdiction of the Commission and the 
Washington courts.


ORDER

  THE COMMISSION ORDERS:

  1.  The First and Second Amendment to the Agreement for network 
interconnection between HighSpeed.com of Washington, and US WEST 
Communications, filed on July 22, 1999, 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.

  DATE at Olympia, Washington, and effective this 11th day of August, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       RICHARD HEMSTAD, Commissioner



       WILLIAM R. GILLIS, Commissioner