*Pages 1--2 from Microsoft Word - 34309* Federal Communications Commission DA 03- 3970 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Qwest Communications International Inc. ) ) ) ) ) ) ) ) ) File No. EB- 02- IHD- 0674 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. 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. 1 Federal Communications Commission DA 03- 3970 2 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 2