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-990365
Between              )  
             )
FOCAL COMMUNICATIONS CORPORATION       )
              )  ORDER APPROVING  
and             )  FULLY NEGOTIATED              )  AGREEMENT FOR SERVICE GTE 
NORTHWEST INCORPORATED     )  RESALE AND
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .)  
INTERCONNECTION


BACKGROUND

  This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a fully negotiated agreement for 
network interconnection and service resale under the Telecommunications Act of 
1996.  The agreement is between Focal Communications Corporation (Focal), and 
GTE Northwest Incorporated (GTENW).  On July 13, 1999, the parties filed a 
joint request seeking approval of a fully negotiated agreement for network 
interconnection (Agreement).  The parties executed the Agreement on June 16, 
1999.

   On July 28, 1999, 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.


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 consistent with 
the public interest, convenience, and necessity.

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

  4. Focal is authorized to provide intrastate interexchange and
 localexchange telecommunications services in the state of Washington.

  5. On July 13, 1999, the parties filed with the Commission a joint request 
for approval of a fully negotiated interconnection agreement 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 Focal Communications Corporation 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 network interconnection between Focal Communications 
Corporation, and GTE Northwest Incorporated, filed on July 13, 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.

  DATED at Olympia, Washington, and effective this 28th day of July, 1999.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




      MARILYN SHOWALTER, Chairwoman



      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner