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


In the Matter of                 )
                                )
Qwest Corporation                )
                                )    File No. EB-03-TC-126 
                                )    NAL/Acct. No. 200532170003
Compliance with the              )    FRN:  0003605953
Commission's                     )
Rules and Regulations Governing  )
Advertising the Availability of  )
Lifeline and
Link-Up

                              ORDER

Adopted:  November 17, 2004                                    
Released: November 22, 2004

By the Chief, Enforcement Bureau:

     1.   In this  Order, we  adopt the  attached Consent  Decree 
entered  into   between   the  Enforcement   Bureau   and   Qwest 
Corporation, Inc. (``Qwest'').  The Consent Decree terminates  an 
investigation  initiated  by  the  Enforcement  Bureau  regarding 
whether Qwest was in compliance with section 214(e)(1)(B) of  the 
Communications  Act  of  1934,  as  amended  (the  ``Act''),  and 
sections 54.405(b) and 54.411(d)  of the Commission's rules,1  as 
it relates to the duty to publicize Lifeline and Link-Up programs 
to low-income residents on tribal lands. 

     2.   The Enforcement Bureau  and Qwest  have negotiated  the 
terms of  a Consent  Decree that  would resolve  this matter  and 
terminate the investigation.   A copy  of the  Consent Decree  is 
attached hereto and incorporated by reference.

     3.   After reviewing  the terms  of the  Consent Decree,  we 
find that the  public interest  would be served  by adopting  the 
Consent  Decree  and  terminating  the  investigation.   We  also 
conclude that, in  the absence  of material  new information  not 
previously disclosed to  the Bureau,  the matters  raised in  the 
investigation do not raise any substantial and material questions 
of fact  regarding  Qwest's  qualifications to  be  a  Commission 
licensee.

     4.   Accordingly, IT IS ORDERED, pursuant to Section 4(i) of 
the Communications Act  of 1934, as  amended,2 that the  attached 
Consent Decree IS ADOPTED.
     5.   IT  IS   FURTHER  ORDERED   that  the   above-captioned 
investigation into the matters described herein is terminated. 


                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau
                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554


In the Matter of                )                 
                                )
Qwest Corporation               )       File No. EB-03-TC-126
                                )       NAL/Acct.             No. 
200532170003
Compliance with the Commission's)       FRN:  0003605953
Rules and Regulations Governing ) 
Advertising the Availability of Lifeline and )
Link-Up                         ) 


                         CONSENT DECREE

I. INTRODUCTION

     6.   The Enforcement  Bureau  (``Bureau'')  of  the  Federal 
Communications Commission  (the  ``FCC'' or  ``Commission'')  and 
Qwest    Corporation    (``Qwest''),    by    their    authorized 
representatives, hereby enter  into this Consent  Decree for  the 
purpose  of   terminating   the   Bureau's   investigation   (the 
``Investigation'') regarding whether Qwest was in compliance with 
section 214(e)(1)(B)  of  the  Communications  Act  of  1934,  as 
amended (the ``Act''),  and sections 54.405(b)  and 54.411(d)  of 
the Commission's rules,3 as it  relates to the duty to  publicize 
Lifeline and Link-Up programs  to low-income residents on  tribal 
lands. 

 II. BACKGROUND

     2.   Qwest is an eligible telecommunications carrier 
(``ETC''), i.e., a telephone company eligible to receive 
universal service support under section 214 of the Act.4  Qwest 
serves numerous tribal lands in the 14-state area in which it 
operates as an incumbent Local Exchange Carrier.  

     3.   Based on concerns raised informally with the Bureau by 
tribal leaders, the Bureau sent a Letter of Inquiry (``LOI'') to 
Qwest on October 7, 20035 stating that it was investigating 
whether Qwest was satisfying its obligations under sections 
54.405(b) and 54.411(d) of the Commission's rules to publicize 
the availability of Lifeline and Link-Up services to low-income 
residents on tribal lands ``in a manner reasonably designed to 
reach those likely to qualify'' for those services.  The Bureau 
sent a supplemental LOI on April 6, 2004.6   The LOIs directed 
Qwest to describe any action it had taken over the previous year 
to satisfy sections 54.405(b) and 54.411(d) of the Commission's 
rules and to support its responses with pertinent documentation 
and affidavits.
     4.   During the course of the Investigation, Qwest provided 
written responses to the LOIs on November 14, 2003, April 27, 
2004, and August 20, 2004.  Qwest stated that it provides 
Lifeline and Link-Up services to low-income residents on tribal 
lands in 12 states within its 14-state incumbent region.  Qwest 
asserted that it conducted outreach to low-income residents on 
tribal lands within its region and provided some evidence to 
support its contention.  

III. DEFINITIONS

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

          1.a.      ``Act'' means the Communications Act of 1934, 
            as amended.

          1.b.      ``Bureau'' means  the Enforcement  Bureau  of 
            the Federal Communications Commission.

          1.c.      ``Commission''     means     the      Federal 
            Communications Commission. 

          1.d.      ``Effective Date'' means the date on which 
            the Bureau releases the Adopting Order.

          1.e.      ``Investigation'' means the investigation 
            commenced by the Bureau's Letter of Inquiry, dated 
            October 7, 2003,7 to Qwest regarding Qwest's 
            possible noncompliance with the requirements 
            contained in section 214 of the Act and sections 
            54.405(b) and 54.411(d) of the Commission's rules 
            during the period from January 1, 2001 through April 
            6, 2004.

          1.f.      ``Order'' or ``Adopting Order'' means an 
            Order of the Bureau adopting the terms and 
            conditions of this Consent Decree without change, 
            addition, or modification, and formally terminating 
            the above-captioned Investigation.

          1.g.      ``Parties'' means Qwest and the Bureau.

          1.h.      ``Qwest'' means Qwest Corporation and any 
            telecommunications carrier subsidiary, successor, or 
            telecommunications carrier controlled by Qwest 
            Corporation.


IV.AGREEMENT

     6.   Qwest agrees that the Bureau has jurisdiction over it 
          and the subject matter contained in this Consent Decree 
          and the authority to enter into and adopt this Consent 
          Decree.  

     7.   The Parties agree and acknowledge that this Consent 
Decree shall constitute a final settlement of the Investigation 
between Qwest and the Bureau.  In express reliance on the 
covenants and representations contained herein, and in order to 
avoid the potential expenditure of additional public resources, 
the Bureau agrees to terminate the Investigation.  In 
consideration for the termination of this Investigation and in 
accordance with the terms of this Consent Decree, Qwest agrees to 
the terms, conditions, and procedures contained herein.

     8.   The Parties 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 by Qwest with the requirements of the Act or the 
Commission's rules or orders.  The Parties agree that this 
Consent Decree is for settlement purposes only and that by 
agreeing to this Consent Decree, Qwest does not admit or deny any 
noncompliance, violation, or liability associated with or arising 
from its actions or omissions involving the Act or the 
Commission's rules that are the subject of this Consent Decree.

     9.   In consideration for the termination of the 
Investigation in accordance with the terms of this Consent 
Decree, Qwest agrees to make a voluntary contribution to the 
United States Treasury, without further protest or recourse to a 
trial de novo, in the amount of $250,000 within ten (10) business 
days after the Effective Date.  The payment must be made by check 
or similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the Acct. 
No. and FRN No. referenced above.  Payment by check or money 
order may be mailed to Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, IL, 60673-7482.  Payment by overnight mail may be sent 
to Bank One/LB 73482, 525 West Monroe, 8th Floor Mailroom, 
Chicago, IL 60661.  Payment by wire transfer may be made to ABA 
Number 071000013, receiving bank Bank One, and account number 
1165259. 

     10.  Further, Qwest agrees to implement a Lifeline and Link-
Up Outreach Program to low-income residents on tribal lands 
consisting of the components delineated below.  Qwest agrees that 
it will spend a minimum of $200,000 to develop and implement this 
Program during the term of this Consent Decree.

            a)      Qwest will send a representative to at least 
               four regional Native American gatherings, such as 
               conferences, Pow Wows, and workshops, with tribal 
               participants from its service area to discuss the 
               Lifeline and Link-Up programs.  Qwest will make 
               reasonable efforts to advertise the availability 
               of Lifeline and Link-Up in the 
               workshop/conference's written materials and will 
               establish a booth at each workshop/conference 
               where interested persons can speak directly with a 
               Qwest representative to ask questions about the 
               Lifeline and Link-Up programs and obtain 
               enrollment brochures written in plain English.  
               Qwest will also provide the name and number of a 
               Qwest representative who will be available to 
               answer additional questions.  

            b)      Not later than 60 days after the Effective 
               Date, members of the Core Project Team (i.e., 
               representatives from Qwest's Product, Compliance, 
               Public Policy, Network, and Legal organizations 
               working on tribal Lifeline and Link-Up outreach) 
               will meet with members of Voice of Many Feathers, 
               a Qwest-sponsored resource group comprised of 
               Qwest employees, many of whom are Native 
               Americans, to discuss ways to improve Qwest's 
               tribal outreach.  Where feasible, Qwest will 
               endeavor to utilize members of Voice of Many 
               Feathers to provide assistance to low-income 
               residents on tribal lands in understanding the 
               Lifeline and Link-Up programs where cultural and 
               linguistic differences (e.g., disability, language 
               spoken other than English, unable to understand 
               written English), require some form of translation 
               in order to fully understand the discount 
               programs.  

            c)      Not later than 90 days after the Effective 
               Date, Qwest will make good faith efforts to 
               identify and contact an appropriate tribal liaison 
               for each tribe Qwest serves.  Such good faith 
               efforts will include, as necessary, contact with 
               the tribe via letter, telephone, social service 
               agencies, and regional Native American gatherings.  
               Tribal liaisons will assist Qwest in determining 
               the best approach to publicizing the availability 
               of Lifeline and Link-Up services.  Where a Qwest 
               employee of Voice of Many Feathers is a member of 
               or affiliated with a specific tribe, Qwest may 
               designate the Voice of Many Feathers member as a 
               tribal liaison if he/she is deemed an appropriate 
               liaison by the specific tribe.  

            d)      Not later than five months after the 
               Effective Date, Qwest will have developed and 
               submitted to the Bureau a Lifeline and Link-Up 
               Outreach Plan for each tribe Qwest serves.  Each 
               Outreach Plan shall be designed to reach the 
               greatest number of low-income residents of that 
               specific tribe.  Qwest will make a good faith 
               effort to work in conjunction with each tribal 
               liaison to develop the Outreach Plan.  Such good 
               faith efforts will include, as necessary, contact 
               with the tribe via letter, telephone, social 
               service agencies, and regional Native American 
               gatherings.  To the extent these efforts do not 
               result in the participation of the tribe in the 
               creation of an Outreach Plan for that tribe, Qwest 
               will develop a plan for that tribe that does not 
               depend on Tribal involvement.  

               Where Qwest serves a ``limited portion'' of a 
               tribal land, as defined below, Qwest will attempt 
               to establish contact with a representative from 
               that tribe but Qwest's Outreach Plan for such 
               tribal lands may be limited to distribution of 
               tribal Lifeline and Link-Up brochures to a 
               representative of the tribe.  For purposes of this 
               paragraph, Qwest will be considered to serve a 
               ``limited portion'' of a tribe if: (1) Qwest 
               serves less than 10% of the geographic area of the 
               tribal land on which the tribe resides; and (2) 
               the area Qwest serves is predominately 
               uninhabited, rather than inhabited, the area does 
               not contain clusters of living units, and the area 
               does not contain a concentration of governmental 
               or business enterprises.  Currently, Qwest serves 
               a limited portion of approximately 14 tribal lands 
               out of the more than 70 tribal lands that Qwest 
               serves in total.

               Not later than six months after the Effective 
               Date, Qwest will begin implementing each Outreach 
               Plan.  Qwest will work closely with each tribal 
               liaison that it has identified to develop and 
               implement the Outreach Plans, which shall include 
               at least some of the following measures:  use of 
               enrollment brochures in plain English; language 
               interpreters to speak directly with tribal 
               residents of tribal lands with sizable non-English 
               speaking populations; door-to-door contact with 
               tribal residents to orally explain the Lifeline 
               and Link-Up programs; distribution of information 
               through schools and social service organizations; 
               use of trained technicians to distribute brochures 
               where the tribal liaison deems it appropriate; 
               public service announcements; written 
               advertisements in local tribal publications; and 
               other means of increasing participation in the 
               Lifeline and Link-Up programs.  Any written or 
               oral information will be presented in either plain 
               English or in the appropriate tribal language.  
               When Qwest uses trained technicians, public 
               service announcements or broadcast advertising, or 
               written advertisements, it will follow the 
               procedures below. 

                i)  Technician Training:  Working with the Core 
                    Project Team, the Qwest manager responsible 
                    for Lifeline and Link-Up on tribal lands will 
                    conduct training sessions with Qwest Local 
                    Network Technicians whose work areas include 
                    a tribal land.  Such training will include, 
                    but not be limited to, the benefits of and 
                    eligibility for Lifeline and Link-Up.  The 
                    technicians will be given Qwest enrollment 
                    brochures on Lifeline and Link-Up written in 
                    plain English for distribution to customers 
                    on all repair and installation calls.  Where 
                    the technician does not speak to a customer, 
                    the technician will leave enrollment 
                    brochures on the customer's door.  Newly 
                    assigned technicians will undergo the same 
                    Lifeline and Link-Up training from a Qwest 
                    manager knowledgeable regarding the Lifeline 
                    and Link-Up programs.  In all instances, 
                    technicians will receive follow-up training 
                    every 12 months.        

               ii)  Public Service Announcements or Broadcast 
                    Advertising:  Qwest will distribute public 
                    service announcements (``PSAs'') or 
                    advertisements to radio stations specifically 
                    describing the availability of Lifeline and 
                    Link-Up discounts for low-income residents on 
                    tribal lands.  Qwest will focus on 
                    distribution to radio stations in its region 
                    that serve residents on tribal lands.  Where 
                    necessary, Qwest will provide funding to 
                    ensure that the PSAs and advertisements reach 
                    the broadest tribal audience that Qwest 
                    serves. The PSAs and advertisements shall 
                    include a Qwest customer service contact 
                    telephone number staffed by Qwest customer 
                    service representatives trained on Lifeline 
                    and Link-Up programs who will offer to send 
                    Lifeline and Link-Up brochures by mail. 

               iii)      Written Advertising:  Qwest will develop 
                    written advertisements that describe the 
                    potential benefits of and qualifications for 
                    the Lifeline and Link-Up programs to low-
                    income residents on tribal lands.  The 
                    advertisements shall include a Qwest customer 
                    service contact telephone number staffed with 
                    Qwest customer service representatives 
                    trained on Lifeline and Link-Up programs who 
                    will offer to send Lifeline and Link-Up 
                    brochures by mail.  Qwest will focus on 
                    distribution to print media in its region 
                    that serve residents on tribal lands.  Qwest 
                    will provide funding to ensure that the 
                    written advertisements reach the broadest 
                    audience in the majority of tribal lands that 
                    Qwest serves.  

            (e)     Qwest will submit a written report to the 
               Bureau describing its compliance with this Consent 
               Decree three, six, twelve, and eighteen months 
               after the Effective Date.  The reports shall 
               address in detail Qwest's compliance with each 
               separate term and provision of this Consent 
               Decree, estimates of the total cost of developing 
               and implementing the tribe-specific Outreach Plans 
               required in Paragraph 10(d) above, and the amount 
               spent to date.  Qwest must mail its reports to 
               Colleen Heitkamp, Chief, Telecommunications 
               Consumers Division, Enforcement Bureau, Federal 
               Communications Commission, 445 12th Street, S.W. 
               Room 4-C244, Washington, D.C. 20554, and must 
               include the file number listed above.  Qwest will 
               also send an electronic copy of its reports to 
               Mark Stone, Deputy Chief, Telecommunications 
               Consumers Division, at Mark.Stone@fcc.gov and 
               Cynthia Bryant, Attorney, Telecommunications 
               Consumers Division, at Cynthia.Bryant@fcc.gov.

            (f)     No later than 30 days after the expiration of 
               this Consent Decree, Qwest will certify to the 
               Bureau that it has spent a minimum of $200,000 to 
               develop and implement this Outreach Program.  
               Nothing in this Consent Decree is intended or 
               designed to limit or restrict the funds or 
               resources Qwest uses to develop and implement this 
               Outreach Program.

            (g)     Qwest will maintain and make available to the 
               Bureau, within 14 days of receipt of any specific 
               request from the Bureau, business records 
               documenting its compliance with the terms and 
               provisions of this Consent Decree.


     11.  The Bureau agrees that, in the absence of new material 
evidence related to this matter, it will not use the facts 
developed in this Investigation through the Effective Date or the 
existence of this Consent Decree to initiate, on its own motion, 
any new proceeding, formal or informal, or take any action on its 
own motion against Qwest, including any other enforcement action, 
nor will the Bureau seek on its own motion any administrative or 
other penalties from Qwest concerning the matters that were the 
subject of the Investigation.  The Bureau also agrees that it 
will not use the facts developed in the Investigation through the 
Effective Date or the existence of this Consent Decree to 
initiate, on its own motion, any proceeding, formal or informal, 
or take any action on its own motion against Qwest with respect 
to Qwest's basic qualifications to be a Commission licensee.  
Consistent with the foregoing, nothing in this Consent Decree 
limits the Commission's authority to consider and adjudicate any 
formal complaint that may be filed pursuant to section 208 of the 
Act, 47 U.S.C.  208, and to take any action in response to such 
complaint.

     12.  Qwest's decision to enter into this Consent Decree is 
expressly contingent upon the Bureau's issuance of an Order that 
is consistent with this Consent Decree, and which adopts the 
Consent Decree without change, addition or modification.

     13.  Provided the Bureau issues an Order adopting the 
Consent Decree without change, addition or modification, 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.

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

     15.  By this Consent Decree, Qwest neither waives nor alters 
its right to assert and seek protection from disclosure of any 
privileged or otherwise confidential and protected documents and 
information, or to seek appropriate safeguards of confidentiality 
for any competitively sensitive or proprietary information.

     16.  Qwest agrees that any violation of the Order or of this 
Consent Decree shall constitute a separate violation of a 
Commission order, entitling the Commission to exercise any rights 
and remedies attendant to the enforcement of a Commission order. 

     17.  The Parties agree that if any provision of this Consent 
Decree conflicts with any subsequent rule or order adopted by the 
Commission (except an order specifically intended to revise the 
terms of this Consent Decree to which Qwest does not consent), 
that provision will be superceded by such Commission rule or 
order.

     18.  The Parties agree that the requirements of this Consent 
Decree shall expire eighteen (18) months from the Effective Date.     19.  This Consent Decree may be signed in counterparts.


For: Qwest Corporation 


_________________   ___________________________________________
Date           (Qwest Signature)


For: Enforcement Bureau
     Federal Communications Commission


_________________   ___________________________________________
Date           David H. Solomon
               Chief, Enforcement Bureau

_________________________

147 U.S.C.  214(e)(1)(B); 47 C.F.R.  54.405(b), 54.411(d).

2 47 U.S.C.  154(i).

347 U.S.C.  214(e)(1)(B); 47 C.F.R.  54.405(b), 54.411(d).

447 U.S.C.  214.

5See  Letter   of   Inquiry   from   Colleen   Heitkamp,   Chief, 
Telecommunications Commission  Division, Enforcement  Bureau,  to 
Qwest Communications, Inc. (October  7, 2003) (``October 7,  2003 
LOI'').

6See Letter of Inquiry from Colleen Heitkamp, Chief, 
Telecommunication Commission, Enforcement Bureau, to Qwest 
Communications, Inc. (April 6, 2004). 

7 See October 7, 2003 LOI.