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


TOUCH AMERICA, INC.,               )
                              )
Complainant,                       )
                              )
                              )
     v.                       )    File No. EB-02-MD-003
                              )
QWEST COMMUNICATIONS          )
INTERNATIONAL INC.,           )
QWEST CORPORATION, and        )
QWEST COMMUNICATIONS          )
CORPORATION,                  )
                              )
Defendants.                        )

                            ORDER


     Adopted:  December 11, 2003                        
Released: December 11, 2003

By the Chief, Market Disputes Resolution Division, 
Enforcement Bureau:

     1.   On July 17, 2003, the Division issued an order 
staying this proceeding pending review of a settlement 
agreement between complainant Touch America, Inc. (``Touch 
America'') and defendants Qwest Communications International 
Inc., et al. (collectively, ``the Parties'') by the United 
States Bankruptcy Court for the District of Delaware 
(``Bankruptcy Court'').  The order provided that, upon 
issuance of a final order by the Bankruptcy Court approving 
the settlement between the Parties, Touch America would file 
in this proceeding, within five business days, a motion to 
dismiss with prejudice.

     2.   On December 9, 2003, Touch America filed a Motion 
to Dismiss with Prejudice the above-captioned proceeding 
(``Motion to Dismiss'').  The Motion to Dismiss stated that: 
(a) the parties had entered into a global settlement 
agreement on November 10, 2003 which, among other terms, 
provided for dismissal of this matter with prejudice upon a 
final order of the Bankruptcy Court approving the settlement 
agreement; (b) the Bankruptcy Court had approved that 
settlement agreement on November 17, 2003; and (c) the order 
of the Bankruptcy Court became final on December 2, 2003.  

     3.   Accordingly, IT IS ORDERED, pursuant to sections 
4(i), 4(j), and 208 of the Communications Act of 1934, as 
amended, 47 U.S.C.  154(i), 154(j), and 208, and the 
authority delegated in sections 0.111 and 0.311 of the 
Commission's rules, 47 C.F.R.  0.111, 0.311, that the 
Motion to Dismiss IS GRANTED, AND that the above-captioned 
Complaint that Touch America, Inc. filed against Qwest 
Communications International Inc., Qwest Corporation, And 
Qwest Communications Corporation IS DISMISSED WITH 
PREJUDICE.  



                         FEDERAL COMMUNICATIONS COMMISSION



                         Alexander P. Starr
                         Chief, Market Disputes Resolution 
                    Division
                         Enforcement Bureau