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

LEVEL 3 COMMUNICATIONS, L.L.C.,

and

QWEST CORPORATION
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		DOCKET NO. UT-013026
		
		
		ORDER APPROVING NEGOTIATED FIRST AMENDED AGREEMENT FOR INTERCONNECTION AND 
RESALE SERVICES AMENDING SECTION V
		AND SECTION VI

 BACKGROUND 

1. This matter comes before the Washington Utilities and Transportation 
Commission (Commission) for approval of a negotiated first amended agreement 
(Amended Agreement) under the Telecommunications Act of 1996 (Telecom Act).  
The Amended Agreement is between Level 3 Communications, L.L.C., (Level 3), and 
Qwest Corporation (Qwest).  On April 13, 2001, the parties filed a joint 
request that Level 3 receive all arrangements provided in an interconnection 
agreement previously approved by the Commission between Covad Communications 
Company (Covad), and Qwest, f/k/a U S WEST Communications, Inc.,  (U S WEST) in 
Docket No. UT-980312.  The Commission accepted this request on April 25, 2001.  
On April 12, 2000, in Docket UT-990355 - Interpretive and Policy Statement 
regarding Section 252(i) of the Telecom Act - the Commission concluded 
amendments to original adopted agreements would be deemed new agreements under 
the Telecom Act and must be submitted to the Commission for approval.  The 
parties filed a joint request for approval of a first amendment on April 20, 
2001.

 MEMORANDUM

2. The Amended Agreement between Level 3 and Qwest was brought before the 
Commission at its regularly scheduled open public meeting of May 9, 2001, 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. Level 3 is authorized to provide telecommunications services to the public 
in the state of Washington.

7. On April 13, 2001, the parties filed a joint request that Level 3 receive 
all arrangements provided in an interconnection agreement previously approved 
by the Commission between Covad and U S WEST in Docket No. UT-980312.  The 
Commission accepted this request on April 25, 2001.  On April 12, 2000, in 
Docket UT-990355 - Interpretive and Policy Statement regarding Section 252(i) 
of the Telecom Act - the Commission concluded amendments to original adopted 
agreements would be deemed new agreements under the Telecom Act and must be 
submitted to the Commission for approval.

8. On April 20, 2001, the parties filed with the Commission a joint request for 
approval of a first amendment pursuant to the Telecom Act.

9. Level 3 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 Level 3 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 Level 3 Communications, L.L.C, and Qwest 
Corporation, which the parties filed on April 20, 2001, 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 9th day of May, 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner