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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
Qwest Communications             )    File No. EB-01-IH-0393
International, Inc.              )
                                )    NAL/Acct. No. 200232080018
                                )
                                )    FRN Number 0001-6056-25
                                )
                                )



                         CONSENT DECREE

     1.   The Enforcement Bureau (the ``Bureau'') of the  Federal 
Communications Commission (``FCC''  or ``Commission'') and  Qwest 
Communications International, Inc. (``Qwest'') hereby enter  into 
a Consent  Decree terminating  an informal  Bureau  investigation 
into possible violations of section 51.321(h) of the Commission's 
rules.  The investigation  focused on whether  Qwest had  updated 
its  Internet  website  listing  premises  that  have   exhausted 
collocation space  ``within  ten days  of  the date  at  which  a 
premises runs out of physical  collocation space.''1  On June  7, 
2001 and March 15,  2002, the Bureau sent  letters of inquiry  to 
Qwest seeking  information on  Qwest's space  exhaustion  posting 
policy.2   Qwest  submitted  information  in  response  to  those 
inquiries.3

     2.   The  posting  rule  states  that  an  incumbent   local 
exchange carrier  (``ILEC'')  must update  its  Internet  website 
listing  of  premises  that  have  exhausted  collocation   space 
``within ten days  of the date  at which a  premises runs out  of 
physical collocation space.''4  The  purpose of the posting  rule 
is to  ensure  that  competitors do  not  ``expend[]  significant 
resources in  applying  for  collocation space  in  an  incumbent 
ILEC's premises where no such space exists.''5  During the course 
of an  informal  investigation  by  the  Commission,  the  Bureau 
obtained information  from  Qwest indicating  that  through  June 
2001, Qwest may not have properly posted notice of premises  that 
had run out  of collocation space.   Information obtained  during 
the investigation indicates  that in  some instances  competitive 
local  exchange   carriers   may   have   submitted   collocation 
applications for  space  at  these  premises  only  to  have  the 
applications denied on the ground that no space was available.

     Terms of Settlement

     3.   For the purposes of  this Consent Decree the  following 
definitions shall apply:

          (a)  ``Commission'' or ``FCC'' means the Federal 
            Communications Commission;
          (b)  ``Bureau'' means the Enforcement Bureau of the 
            Federal Communications Commission;
          (c)  ``Qwest'' means Qwest Communications 
            International, Inc., Qwest Corporation, and any 
            subsidiaries that are incumbent local exchange 
            carriers, including its incumbent LEC operating 
            telephone companies, and any successors or assigns 
            of Qwest Corporation. or its incumbent LEC operating 
            telephone companies;
          (d)  ``Parties'' means Qwest and the Bureau;
          (e)  ``Adopting Order'' means an Order of the Bureau 
            adopting the terms and conditions of this Consent 
            Decree;
          (f)  ``Effective Date'' means the date on which the 
            Bureau releases the Adopting Order; and,
          (g)  ``Inquiry'' means the investigation initiated by 
            the Bureau's June 7, 2001 letter of inquiry 
            regarding Qwest's compliance with 47 C.F.R.  
            51.321(h).

     4.   The Parties agree that  the provisions of this  Consent 
Decree shall  be  subject to  final  approval by  the  Bureau  by 
incorporation of  such provisions  by  reference in  an  Adopting 
Order of the Bureau. 

     5.   The Parties agree that this Consent Decree shall become 
effective on the date on  which the Bureau releases the  Adopting 
Order.  Upon release, the Adopting Order and this Consent  Decree 
shall have the same  force and effect as  any other Order of  the 
Commission and any violation of the terms of this Consent  Decree 
shall constitute a violation of a Commission Order entitling  the 
Commission to exercise any and all rights and to seek any and all 
remedies authorized by  law for the  enforcement of a  Commission 
Order.

     6.   Qwest admits  the jurisdiction  of the  Commission  for 
purposes of this Consent Decree and the Adopting Order.

     7.   The parties  agree and  acknowledge that  this  Consent 
Decree shall constitute a final settlement between Qwest and  the 
Bureau of the Inquiry.  In  consideration for the termination  by 
the Bureau of its investigation  into whether Qwest has  violated 
section  51.321(h)  of  the  Commission's  rules,  47  C.F.R.    
51.321(h), and  in  accordance with  the  terms of  this  Consent 
Decree, Qwest agrees to the terms set forth herein.  

     8.   Qwest has adopted or agrees  to initiate no later  than 
30 days  from  the effective  date  of this  Consent  Decree  new 
methods and procedures to help ensure its compliance with section 
51.321(h) of  the  Commission's rules.   First,  Qwest's  written 
policy will explicitly acknowledge that a grant of an application 
for collocation space, or any other event that makes  unavailable 
the last remaining  usable physical  collocation space,  triggers 
the ten-day time period  within which Qwest  must post notice  of 
exhaustion of space for physical collocation.  Second, Qwest will 
establish a centralized  point of control  to monitor and  record 
Qwest's compliance  with  the  posting  requirements  of  section 
51.321(h).  Third, Qwest agrees to continue to comply with  these 
remedial actions for the entire time period in which the Internet 
posting requirement  in  section 51.321(h)  of  the  Commission's 
rules remains  in effect  in its  current form.   Finally,  Qwest 
agrees to provide remedial  training on the posting  requirements 
of section 51.321(h)  to all personnel  responsible for  Internet 
posting within 30 days  of the release of  the Adopting Order  in 
this proceeding  and to  provide such  training to  any such  new 
personnel  within   30  days   of  their   being  assigned   such 
responsibility.

     9.   Qwest shall make a voluntary contribution to the United 
States Treasury  in  the  total  amount  of  $96,000  (ninety-six 
thousand dollars).  This amount shall  be paid within 30 days  of 
the date on which the order adopting this Consent Decree  becomes 
final.  Such contribution shall be made, without further  protest 
or recourse, by certified check,  cashiers check, or money  order 
drawn to the order of the Federal Communications Commission,  and 
shall be  mailed to  the Forfeiture  Collection Section,  Finance 
Branch,  Federal  Communications  Commission,  P.O.  Box   73482, 
Chicago, Illinois 60673-7482.   Reference should be  made on  the 
check or money order to ``Acct. No. 200232080018.''

     10.  Qwest will  maintain  business  records  and  documents 
sufficient to show  (1) the  date on  which physical  collocation 
space  becomes  unavailable  at  any  Qwest  premises,  (2)   the 
circumstance  causing  physical   collocation  space  to   become 
unavailable at any  Qwest premises,  and (3) the  date of  public 
posting  of  that  information  on  Qwest's  publicly   available 
Internet  site.   Qwest  will  also  maintain  business   records 
demonstrating compliance with  the terms and  provisions of  this 
Consent Decree.   Qwest will  make the  information described  in 
this paragraph  available to  the Bureau  within 21  days of  the 
receipt of  a specific  written request  from the  Bureau.   This 
requirement will begin thirty (30) days after the effective  date 
of the Adopting  Order and  will expire  twenty-four (24)  months 
later.

     11.  In   express    reliance   on    the   covenants    and 
representations in  this Consent  Decree,  the Bureau  agrees  to 
terminate the inquiry  without any  finding of  liability on  the 
part of Qwest.

     12.  The Bureau agrees that, based on the facts developed in 
the Inquiry and in the  absence of material new evidence  related 
to this  matter, it  will not  use the  facts developed  in  this 
Inquiry through the date of  the Consent Decree or the  existence 
of this Consent Decree to institute,  on its own motion, any  new 
proceeding, formal or  informal, or  take any action  on its  own 
motion against Qwest concerning the matters that were the subject 
of the Inquiry.  The Bureau also agrees that, based on the  facts 
developed in  the Inquiry,  and in  the absence  of material  new 
evidence related  to  this matter,  it  will not  use  the  facts 
developed in this Inquiry through the date of this Consent Decree 
or the existence of this Consent  Decree to institute on its  own 
motion any proceeding, formal or informal, or take any action  on 
its  own  motion  against  Qwest   with  respect  to  its   basic 
qualifications, including its character  qualifications, to be  a 
Commission licensee  or  with  respect  to  compliance  with  the 
Commission's rules and policies.

     13.  Nothing  in  this  Consent  Decree  shall  prevent  the 
Commission from adjudicating complaints filed pursuant to section 
208 of  the Communications  Act,  as amended,  47 U.S.C.    208, 
against Qwest or its affiliates for alleged violations of section 
51.321(h) of the  Commission's rules,  or for any  other type  of 
alleged misconduct,  regardless  of  when  such  misconduct  took 
place.   If  any  such   complaint  is  made,  the   Commission's 
adjudication of that complaint will be based solely on the record 
developed in  that proceeding.   Nothing in  this Consent  Decree 
shall prevent the Commission from instituting new  investigations 
or enforcement  proceedings against  Qwest pursuant  to  sections 
4(i), 403, and 503 of the Communications Act in the event of  any 
alleged future misconduct.

     14.  Qwest waives any  and all  rights it may  have to  seek 
administrative or  judicial  reconsideration, review,  appeal  or 
stay, or to otherwise challenge  or contest the validity of  this 
Consent Decree  and  the  Order  adopting  this  Consent  Decree, 
provided the  Order adopts  the  Consent Decree  without  change, 
addition, or modification.

     15.  Qwest waives any rights it may have under any provision 
of the Equal Access to Justice Act, 5 U.S.C.  504.

     16.  In the  event  that  this Consent  Decree  is  rendered 
invalid by  any court  of  competent jurisdiction,  this  Consent 
Decree shall become  null and  void and may  not be  used in  any 
manner in any legal proceeding.

     17.  If either Party (or the United States on behalf of  the 
Commission) brings a judicial action to enforce the terms of  the 
Order  adopting  this  Consent  Decree,  neither  Qwest  nor  the 
Commission shall contest  the validity of  the Consent Decree  or 
Order, and  Qwest and  the Commission  will waive  any  statutory 
right to a trial  de novo with respect  to any matter upon  which 
the Order is based, and shall consent to a judgment incorporating 
the terms of this Consent Decree.

     18.  The Bureau  and Qwest  agree that  this Consent  Decree 
does not constitute  either an  adjudication on the  merits or  a 
factual  or  legal   finding  or   determination  regarding   any 
compliance  or  noncompliance  with   the  requirements  of   the 
Communications  Act,  including  section  251  thereof,  and  the 
Commission's implementing  rules,  including  section  51.321(h).  
The parties  agree that  this Consent  Decree is  for  settlement 
purposes only and that by agreeing to this Consent Decree,  Qwest 
does not admit  any liability for  violating Commission rules  in 
connection with the matters that are the subject of this  Consent 
Decree.  Qwest neither admits nor denies any such  noncompliance, 
violation, or liability.

     19.  The Parties  agree that  any provision  of the  Consent 
Decree that would require Qwest to act in violation of a rule  or 
order adopted  by  the  Commission will  be  superseded  by  such 
Commission rule or order.


     20.  This Consent Decree may be signed in counterparts.


For the Enforcement Bureau,                  For Qwest 
Corporation    
Federal Communications Commission       


________________________________        
________________________________
David H. Solomon                                                 
Chief

     

_______________________________         
________________________________
Date                               Date


_________________________

1    47 C.F.R.  51.321(h).
2  See  June  7,  2001  Letter  from  David  H.  Solomon,  Chief, 
Enforcement Bureau, Federal Communications Commission, to  Lauren 
Belvin, Vice President, Qwest; March 13, 2002 Letter from Maureen 
F. Del Duca, Deputy  Division Chief, Investigations and  Hearings 
Division, Enforcement Bureau, Federal Communications  Commission, 
to Lauren  Belvin,  and  Robert  B.  McKenna,  Associate  General 
Counsel, Qwest Corporation, Inc.
3 See July 3,  2001 Letter from Robert  B. McKenna to Charles  W. 
Kelley, Division  Chief,  Investigations and  Hearings  Division, 
Enforcement Bureau, Federal Communications Commission,  attaching 
July 3,  2001  Declaration  of  Georganne  Weidenbach,  including 
exhibits; see also April 12,  2002 Letter from Robert B.  McKenna 
to Hillary  S.  DeNigro, Investigations  and  Hearings  Division, 
Enforcement Bureau, Federal Communications Commission,  attaching 
Affidavit of Laurel L. Burke, and responsive documents  contained 
in a binder and a box  (collectively ``Qwest Responses''). 
4    47 C.F.R.  51.321(h).
5 See In the Matter  of Deployment of Wireline Services  Offering 
Advanced Telecommunications Capability,  CC Docket 98-147,  First 
Report and Order  and Further Notice  of Proposed Rulemaking,  14 
FCC Rcd 4761, 4793 (1999) (``Advanced Services Order'').