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


In the Matter of                 )
                                )
AT&T Communications of the       )
Midwest, Inc. and AT&T           )
Communications of the Mountain   )
States, Inc.,                    )    File No. EB-03-MD-020
                                )
          Complainants,          )
                                )
v.                               )
                                )
Qwest Corporation,               )
                                )
          Defendant.


                              ORDER

 Adopted:  July 14, 2005              Released:  July 15, 2005

By the Chief, Market Disputes Resolution Division:


     1.   On December 13, 2003, AT&T Communications of the 
Midwest, Inc. and AT&T Communications of the Mountain States, 
Inc. (collectively ``AT&T''), filed with this Commission a formal 
complaint1 against Qwest Corporation (``Qwest'') asserting that 
Qwest violated section 224 of the Communications Act of 1934, as 
amended,2 and section 1.1409 of the Commission's rules3 by 
charging excessive conduit rental rates. 

     2.   On July 12, 2005, AT&T and Qwest filed a joint motion 
requesting that we dismiss the formal complaint in this 
proceeding with prejudice to dispose of all issues and 
controversies in the formal complaint.4  We grant the parties' 
Joint Motion to Dismiss Formal Complaint With Prejudice.  We find 
that dismissal is appropriate and will serve the public interest 
by eliminating the need for further litigation and the 
expenditure of the associated time and resources of the parties 
and the Commission, and will promote the private resolution of 
disputes.5

     3.   ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 
4(i), 4(j), and 224 of the Communications Act, as amended, 47 
U.S.C. §§ 151, 154(i), 154(j), 224, sections 1.1401-1.1418 of the 
Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority 
delegated by sections 0.111 and 0.311 of the Commission's rules, 
47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint 
IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is 
TERMINATED.  

                         FEDERAL COMMUNICATIONS COMMISSION







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

1 Formal Complaint, File No. EB-03-MD-020 (filed Dec. 17, 2003).
2 47 U.S.C. § 224.
3 47 C.F.R. § 1.1409.
4 Joint Motion to Dismiss Formal Complaint With Prejudice, File 
No. EB-03-MD-020 (filed July 12, 2005) (``Joint Motion'').
5 See Joint Motion at 1.