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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  04-  569  Released:  February  26,  2004 
 WIRELINE  COMPETITION  BUREAU  GRANTS  CONSENT  FOR  ACQUISITION  OF  CERTAIN  ASSETS  OF  TOUCH  AMERICA,  INC.  (DEBTOR-  IN-  POSSESSION)  BY  QWEST 
 COMMUNICATIONS  CORPORATION  AND  QWEST  LD  CORPORATION 
 WC  Docket  No.  03-  265 
 Pursuant  to  section  214  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  214,  and  sections  0.91,  0.291,  and  63.03  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91,  0.291, 


 and  63.03,  the  Wireline  Competition  Bureau  (Bureau)  approves  the  application  of  Qwest  Communications  Corporation  (QCC)  and  Qwest  Corporation  (QC)  (together,  Qwest)  to  acquire 
 certain  ATM/  frame  relay  switching  equipment  from  Touch  America,  Inc.  (Debtor-  in-  Possession)  (Touch  America).  1 


 No  commenters  opposed  grant  of  the  application.  We  note  that  on  December  8,  2003,  Touch  America  filed  an  application  for  discontinuance  of  its  ATM  and  Frame  Relay  services, 
 pursuant  to  section  63.71  of  the  Commission’s  rules,  47  C.  F.  R.  §  63.71.  2  We  defer  our  consideration  of  Touch  America’s  discontinuance  of  its  ATM  and  Frame  Relay  services  to  a 
 separate  Order,  released  today,  resolving  Touch  America’s  discontinuance  application.  3 
 The  Bureau  finds,  upon  consideration  of  the  record,  that  the  proposed  transfer  will  serve  the  public  interest,  convenience  and  necessity,  and  therefore  grants  the  requested  authorization.  4 


 1  See  Domestic  Section  214  Application  Filed  for  Acquisition  of  Assets  of  Touch  America,  Inc.  (Debtor-  In-Possession) 
 by  Qwest  Communications  Corporation  and  Qwest  LD  Corporation,  WC  Docket  No.  03-  265,  Public  Notice,  DA  04-  41  (rel.  Jan.  9,  2004). 


 2  See  Touch  America  Section  63.71  Application,  WC  Docket  No.  03-  259  (filed  Dec.  8,  2003). 
 3  See  Touch  America,  Inc.  (Debtor-  in-  Possession)  for  Authority  Pursuant  to  Section  214  of  the 
 Communications  Act  of  1934,  as  Amended,  and  Section  63.71  of  the  Commission’s  Rules,  to  Discontinue  Domestic  Telecommunications  Services,  WC  Docket  No.  03-  259,  Order,  DA  04-  566  (rel.  Feb.  26,  2004). 


 4  See  Joint  Applications  of  Onepoint  Communications  Corp.  and  Verizon  Communications  for  Authority 
 Pursuant  to  Section  214  of  the  Communications  Act  of  1934,  as  Amended,  To  Transfer  Control  of  Authorizations  to  Provide  Domestic  Interstate  and  International  Telecommunications  Services  as  a  Non-  Dominant  Carrier, 


 Memorandum  Opinion  and  Order,  15  FCC  Rcd  24165,  24169-  171  (CCB  2000)  (concluding  that  incumbent  LEC 
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 Pursuant  to  section  1.103  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.103,  the  consent  granted  herein  is  effective  upon  the  release  of  the  Public  Notice.  Petitions  for  reconsideration  under 
 section  1.106  or  applications  for  review  under  section  1.115  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.106,  1.115,  may  be  filed  within  30  days  of  the  date  of  this  Public  Notice. 


 For  further  information,  please  contact  Tracey  Wilson,  at  (202)  418-  1394  or  Dennis  Johnson,  Competition  Policy  Division,  Wireline  Competition  Bureau  at  (202)  418-  0809. 
 -  FCC  - 


 investment  in  a  financially  troubled  telecommunications  provider  that,  among  other  services,  offered  in-  region  resale  service  to  only  a  limited  number  of  customers,  was  in  the  public  interest). 
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