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


In the Matter of                 )
                                )
                                )
                                )    File No. EB-02-IHD-0674
Qwest Communications             )
International Inc.               )
                                )
                                )
                                )


                              ORDER

   Adopted:  December 15, 2003          Released:  December 16, 
2003

By the Deputy Chief, Investigations and Hearings Division, 
Enforcement Bureau:

     1.   On May 7, 2003, the Commission released an order 
adopting a consent decree between the Commission and Qwest 
Communications International Inc. (``Qwest'').1  On June 6, 2003, 
Touch America, Inc. (``Touch America'') filed a Petition for 
Expedited Reconsideration and Further Proceedings (``Petition'') 
of that order.2  On June 19, 2003, Qwest filed an opposition to 
Touch America's Petition.3

     2.   On December 9, 2003, Touch America filed a Motion to 
Dismiss with Prejudice (``Motion to Dismiss'') its Petition.4  
The Motion to Dismiss stated that, on November 10, 2003, the 
parties entered into a mutually agreeable settlement providing 
for the dismissal of the Petition requiring U.S. Bankruptcy Court 
approval, which approval was received on November 17, 2003.5

     3.   We are satisfied that dismissing the Petition will 
serve the public interest by promoting the private resolution of 
disputes and by eliminating the need for expenditure of further 
time and resources of the parties and this Commission.

     4.   Accordingly, IT IS ORDERED, pursuant to sections 4(i) 
and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i) and 154(j), and the authority delegated in sections 
0.111 and 0.311 of the Commission's rules, 47 C.F.R.  0.111 and 
0.311, that the Motion to Dismiss filed on behalf of Touch 
America in the above-captioned proceeding is GRANTED.

     5.   IT IS FURTHER ORDERED, pursuant to section 4(i) and 
4(j) of the Communications Act of 1934, as amended, 47 U.S.C.  
154(i) and 154(j), and the authority delegated in sections 0.111 
and 0.311 of the Commission's rules, 47 C.F.R.  0.111 and 
0.311, that the Petition for Expedited Reconsideration and 
Further Proceedings filed in the above-captioned proceeding IS 
DISMISSED WITH PREJUDICE.



                         FEDERAL COMMUNICATIONS COMMISSION



                         William H. Davenport
                         Deputy Chief
                         Investigations and Hearings Division
                         Enforcement Bureau


_________________________

1    Qwest Communications International Inc., Order, 18 FCC Rcd. 
10299 (2003).
2    Qwest Communications International Inc., File No. EB-02-IH-
0674, Petition for Expedited Reconsideration and Further 
Proceedings (filed Jun. 6, 2003).  
3    Qwest Communications International Inc., File No. EB-02-IH-
0674, Opposition to Petition for Expedited Reconsideration and 
further Proceedings (filed Jun. 19, 2003).
4    Qwest Communications International Inc., File No. EB-02-IH-
0674, Motion to Dismiss with Prejudice (filed Dec. 9, 2003).
5    Id. at 1.