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 Federal  Communications  Commission  DA-  02-  1770 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Qwest  Communications  International,  Inc. 
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 File  No.  EB-  01-  IH-  0393 
 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. 
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 Federal  Communications  Commission  DA-  02-  1770 
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 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 
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