DA 04-1933

June 29, 2004

**ENFORCEMENT BUREAU SEEKS COMMENT ON**

**QWEST COMMUNICATIONS INTERNATIONAL, INC.**

**SECTION 272 BIENNIAL AUDIT REPORT IN EB DOCKET NO. 03-198**

Comments due: August 30**,** 2004

Pursuant to section 271 of the Communications Act of 1934, as amended
(the "Act"),[^1] the Commission has authorized Qwest Communications
International, Inc. ("Qwest")[^2] to enter the in-region interLATA
market in Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska,
New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and
Wyoming.[^3] Section 272 of the Act requires Bell Operating Companies to
offer in-region, interLATA service through separate affiliates that
comply with certain structural, nondiscrimination, and accounting
safeguards. Section 272(d) requires a biennial compliance audit.[^4] We
have received the results of the biennial audit of Qwest's first year of
operations in Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming. The audit report, "Qwest Communications
International, Inc. Report of Independent Accountants on Applying
Agreed-Upon Procedures," was submitted by Ernst & Young , LLP ("E&Y") on
June 10, 2004.

Section 272(d)(2) of the Communications Act requires that the results of
the audit be made publicly available.[^5] We now release the Qwest audit
report. In accordance with section 53.213(d) of the Commission's rules,
interested parties may file comments on the report with the Commission
within 60 days. [^6] Accordingly, comments are due no later than August
30**,** 2004.

EX PARTE PRESENTATIONS

We find that it would be in the public interest to treat this proceeding
as an exempt proceeding under the ex parte rules.[^7] Therefore,
subsequent to the release of this Public Notice, ex parte communications
to or from Commission decision-making personnel are permissible and need
not be disclosed, in accordance with section 1.1204(b) of the
Commission\'s rules.[^8]

FILING PROCEDURES

Interested parties may file comments on the biennial audit report using
the Commission\'s Electronic Comment Filing System ("ECFS") or by filing
paper copies.[^9] Comments filed through the ECFS can be sent as an
electronic file via the Internet to
\<http://www.fcc.gov/e-file/ecfs.html\>. Generally, only one copy of an
electronic submission must be filed. In completing the transmittal
screen, commenters should include their full name, Postal Service
mailing address, and the applicable docket or rulemaking number. Parties
may also submit an electronic comment by Internet e-mail. To get filing
instructions for e-mail comments, commenters should send an e-mail to
ecfs@fcc.gov, and should include the following words in the body of the
message, \"get form \<your e-mail address.\" A sample form and
directions will be sent in reply.

Parties who choose to file by paper must file an original and four
copies of each filing. All filings must be sent to the Commission\'s
Secretary, Marlene H. Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th Street, S.W., CY-B402, Washington,
D.C. 20554.

Parties who choose to file by paper should also submit their comments on
diskette. These diskettes should be submitted to: Ernestine Creech, Room
3-A247, Investigations and Hearings Division, Enforcement Bureau, 445
12th Street, S.W., Washington, D.C. 20554. Such a submission should be
on a 3.5-inch diskette formatted in an IBM compatible format using Word
or compatible software. The diskette should be accompanied by a cover
letter and should be submitted in \"read only\" mode. The diskette
should be clearly labeled with the commenter\'s name, proceeding
(including the docket number, in this case EB Docket No. 03-198, type of
pleading (comments), date of submission, and the name of the electronic
file on the diskette. The label should also include the following phrase
\"Disk Copy - Not an Original.\" Each diskette should contain only one
party\'s pleadings, preferably in a single electronic file. In addition,
commenters must send diskette copies to the Commission\'s copy
contractor, Best Copy and Printing, Inc. ("BCPI"), Portals II, 445
12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554.

All filings must contain the docket or rulemaking number that appears in
the caption of this proceeding. Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). The Commission\'s
contractor will receive hand-delivered or messenger-delivered paper
filings for the Commission\'s Secretary at 236 Massachusetts Avenue,
N.E., Suite 110, Washington, D.C. 20002. The filing hours at this
location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
together with rubber bands or fasteners. Any envelopes must be disposed
of before entering the building. Commercial overnight mail (other than
U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights, MD 20743. The filing hours at this
location are 8 am. to 5:30 p.m. First-class U.S. Postal Service mail,
Express Mail, and Priority Mail should be addressed to 445 12th Street,
S.W., Washington, D.C. 20554. All filings must contain the Docket
Number, and must be addressed to the Commission\'s Secretary, Office of
the Secretary, Federal Communications Commission.

In accordance with the Commission's earlier Public Notice announcing
that hand-delivered or messenger-delivered filings are no longer
accepted at the Commission's headquarters, **hand-delivered or
messenger-delivered filings must be delivered to 236 Massachusetts
Avenue, N.E., Suite 110, Washington, D.C. 20002.**[^10]

Filings and comments are available for public inspection and copying
during regular business hours at the FCC Reference Information Center,
Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C.,
20554. They may also be purchased from the Commission\'s duplicating
contractor, BCPI, located in Portals II, 445 12th Street, S.W., Room
CY-B402, Washington, D.C., 20554. Customers may contact BCPI through its
website: [www.bcpiweb.com](http://www.bcpiweb.com/), by e-mail at
fcc@bcpiweb.com, by telephone at (202) 488-5300, or by facsimile at
(202) 488-5563.

+----------------------------------+-----------------------------------+
| **If you are sending this type   | It should be addressed for        |
| of document or using this        | delivery to...                    |
| delivery method...**             |                                   |
+----------------------------------+-----------------------------------+
| Hand-delivered or                | 236 Massachusetts                 |
| messenger-delivered paper        |                                   |
| filings for the Commission's     | Avenue, N.E., Suite 110,          |
| Secretary                        |                                   |
|                                  | Washington, D.C. 20002            |
|                                  |                                   |
|                                  | (8:00 a.m. to 7:00 p.m.)          |
+----------------------------------+-----------------------------------+
| Commercial overnight mail (other | 9300 East Hampton Drive,          |
| than United States Postal        |                                   |
| Service Express Mail and         | Capitol Heights, MD 20743         |
| Priority Mail)                   |                                   |
|                                  | (8:00 a.m. to 5:30 p.m.)          |
+----------------------------------+-----------------------------------+
| United States Postal Service     | 445 12^th^ Street, S.W.           |
| first-class mail, Express Mail,  |                                   |
| and Priority Mail                | Washington, D.C. 20554            |
+----------------------------------+-----------------------------------+

Parties are strongly encouraged to file comments electronically using
the Commission's Electronic Comment Filing System ("ECFS").

Copies of the Qwest 272(d) biennial audit report and any subsequently
filed documents in this matter may be obtained from the Commission\'s
duplicating contractor, BCPI, located in Portals II, 445 12th Street,
S.W., Room CY-B402, Washington, D.C., 20554. Customers may contact BCPI
through its website: [www.bcpiweb.com](http://www.bcpiweb.com/), by
e-mail at fcc@bcpiweb.com, by telephone at (202) 488-5300, or by
facsimile at (202) 488-5563.

Electronic versions of the Qwest 272(d) biennial audit report are also
available on the FCC\'s Internet Home Page (http://www.fcc.gov) and
through the Commission\'s Electronic Comment Filing System. To the
extent that parties file electronic versions of comments, such filings
also will be available on the FCC\'s Internet Home Page and through the
Commission\'s Electronic Comment Filing System. Copies of the audit
report and documents are also available for public inspection and
copying during normal reference room hours at the Commission\'s
Reference Center, 445 12th Street, S.W., CY-A257, Washington, D.C.
20554.

For further information, contact Hillary DeNigro at (202) 418-7334 or
Mika Savir at (202) 418-0384.

Action by the Chief, Investigations and Hearings Division, Enforcement
Bureau

[^1]: ^?^ 47 U.S.C. § 271.

[^2]: ^?^ Qwest Corporation, a subsidiary of Qwest Communications
    International, Inc., is an incumbent local exchange carrier ("LEC")
    that provides local telephone service in 14 midwestern and western
    states. Qwest Corporation was formerly US West, Inc. (one of the
    original Regional Bell Operating Companies). *See Qwest
    Communications International Inc. and US West, Inc., Applications
    for Transfer of Control of Domestic and International Sections 214
    and 310 Authorizations and Application to Transfer Control of a
    Submarine Cable Landing License*, CC Docket 99-272, Memorandum
    Opinion and Order, 15 FCC Rcd 5376 (2000); Memorandum Opinion and
    Order, 15 FCC Rcd 11909 (2000).

[^3]: ^?^ *See* *Application by Qwest Communications International, Inc.
    for Authorization to Provide In-Region, InterLATA Services in the
    States of Colorado, Idaho, Iowa, Montana, Nebraska, North Dakota,
    Utah, Washington and Wyoming,* WC Docket No. 02-314, Memorandum
    Opinion and Order, 17 FCC Rcd 26303 (2002); *Application by Qwest
    Communications International, Inc. for Authorization to Provide
    In-Region, InterLATA Services in New Mexico, Oregon and South
    Dakota,* WC Docket No. 03-11, Memorandum Opinion and Order, 18 FCC
    Rcd 7325 (2003); *Application by Qwest Communications International
    Inc. for Authorization to Provide In-Region, InterLATA Services in
    Minnesota*, WC Docket No. 03-90, Memorandum Opinion and Order, 18
    FCC Rcd 13323 (2003); *Application by Qwest Communications
    International Inc. for Authorization to Provide In-Region, InterLATA
    Services in Arizona*, WC Docket No. 03-194, Memorandum Opinion and
    Order, 18 FCC Rcd 25504 (2003).

[^4]: ^?^ 47 U.S.C. § 272(d).

[^5]: ^?^ 47 U.S.C. § 272(d)(2).

[^6]: ^?^ 47 C.F.R. § 53.213(d).

[^7]: ^?^ *See* 47 C.F.R. §§ 1.1200(a), 1.1204.

[^8]: ^?^ 47 C.F.R. § 1.1204(b).

[^9]: ^?^ *See* Electronic Filing of Documents in Rulemaking
    Proceedings, 63 Fed. Reg. 24,121 (1998).

[^10]: ^?^ *See* Public Notice, "FCC Announces New Filing Location for
    Paper Documents," 16 FCC Rcd 22165 (OMD 2001).