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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
)
)
ORDER
Adopted: July 22, 2002 Released: July
24, 2002
By the Chief, Enforcement Bureau
1. In this Order, we adopt a Consent Decree terminating an
investigation into possible violations by Qwest Communications
International, Inc. (``Qwest'') of section 51.321(h) of the
Commission's rules, in connection with Qwest's posting of notice
of exhausted collocation space on its Internet website.
2. The Enforcement Bureau and Qwest have negotiated the
terms of a Consent Decree that would terminate the staff's
investigation. A copy of the Consent Decree is attached hereto
and is incorporated by reference.
3. We have reviewed the terms of the Consent Decree and we
conclude that the public interest would be served by approving
the Consent Decree and terminating the investigation.
4. Based on the record before us, and in the absence of
material new evidence relating to this matter, we conclude that
there are no substantial and material questions of fact as to
whether Qwest possesses the basic qualifications, including its
character qualifications, to hold or obtain any FCC licenses or
authorizations.
5. Accordingly, IT IS ORDERED, pursuant to section 4(i),
4(j) and 503(b) of the Communications Act, 47 U.S.C. § 154(i),
154(j), 503(b) and the authority delegated by sections 0.111 and
0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that
the attached Consent Decree is ADOPTED.
6. IT IS FURTHER ORDERED that the Commission staff inquiry
into the matter described here IS TERMINATED.
Federal Communications Commission
David H. Solomon
Chief, Enforcement Bureau