Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | *  | File No. EB-01-IH-0393       |
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| Qwest Communications             | ** | NAL/Acct. No. 200232080018   |
| International, Inc.              |    |                              |
|                                  | *  | FRN Number 0001-6056-25      |
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# CONSENT DECREE

1.  The Enforcement Bureau (the "Bureau") of the Federal Communications
    Commission ("FCC" or "Commission") and Qwest Communications
    International, Inc. ("Qwest") hereby enter into a Consent Decree
    terminating an informal Bureau investigation into possible
    violations of section 51.321(h) of the Commission's rules. The
    investigation focused on whether Qwest had updated its Internet
    website listing premises that have exhausted collocation space
    "within ten days of the date at which a premises runs out of
    physical collocation space."[^1] On June 7, 2001 and March 15, 2002,
    the Bureau sent letters of inquiry to Qwest seeking information on
    Qwest's space exhaustion posting policy.[^2] Qwest submitted
    information in response to those inquiries.[^3]

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1.  The posting rule states that an incumbent local exchange carrier
    ("ILEC") must update its Internet website listing of premises that
    have exhausted collocation space "within ten days of the date at
    which a premises runs out of physical collocation space."[^4] The
    purpose of the posting rule is to ensure that competitors do not
    "expend\[\] significant resources in applying for collocation space
    in an incumbent ILEC's premises where no such space exists."[^5]
    During the course of an informal investigation by the Commission,
    the Bureau obtained information from Qwest indicating that through
    June 2001, Qwest may not have properly posted notice of premises
    that had run out of collocation space. Information obtained during
    the investigation indicates that in some instances competitive local
    exchange carriers may have submitted collocation applications for
    space at these premises only to have the applications denied on the
    ground that no space was available.

    **Terms of Settlement**

2.  For the purposes of this Consent Decree the following definitions
    shall apply:

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(a) "Commission" or "FCC" means the Federal Communications Commission;

(b) "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission;

(c) "Qwest" means Qwest Communications International, Inc., Qwest
    Corporation, and any subsidiaries that are incumbent local exchange
    carriers, including its incumbent LEC operating telephone companies,
    and any successors or assigns of Qwest Corporation. or its incumbent
    LEC operating telephone companies;

(d) "Parties" means Qwest and the Bureau;

(e) "Adopting Order" means an Order of the Bureau adopting the terms and
    conditions of this Consent Decree;

(f) "Effective Date" means the date on which the Bureau releases the
    Adopting Order; and,

(g) "Inquiry" means the investigation initiated by the Bureau's June 7,
    2001 letter of inquiry regarding Qwest's compliance with 47 C.F.R. §
    51.321(h).

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3.  The Parties agree that the provisions of this Consent Decree shall
    be subject to final approval by the Bureau by incorporation of such
    provisions by reference in an Adopting Order of the Bureau.

4.  The Parties agree that this Consent Decree shall become effective on
    the date on which the Bureau releases the Adopting Order. Upon
    release, the Adopting Order and this Consent Decree shall have the
    same force and effect as any other Order of the Commission and any
    violation of the terms of this Consent Decree shall constitute a
    violation of a Commission Order entitling the Commission to exercise
    any and all rights and to seek any and all remedies authorized by
    law for the enforcement of a Commission Order.

5.  Qwest admits the jurisdiction of the Commission for purposes of this
    Consent Decree and the Adopting Order.

6.  The parties agree and acknowledge that this Consent Decree shall
    constitute a final settlement between Qwest and the Bureau of the
    Inquiry. In consideration for the termination by the Bureau of its
    investigation into whether Qwest has violated section 51.321(h) of
    the Commission's rules, 47 C.F.R. § 51.321(h), and in accordance
    with the terms of this Consent Decree, Qwest agrees to the terms set
    forth herein.

7.  Qwest has adopted or agrees to initiate no later than 30 days from
    the effective date of this Consent Decree new methods and procedures
    to help ensure its compliance with section 51.321(h) of the
    Commission's rules. First, Qwest's written policy will explicitly
    acknowledge that a grant of an application for collocation space, or
    any other event that makes unavailable the last remaining usable
    physical collocation space, triggers the ten-day time period within
    which Qwest must post notice of exhaustion of space for physical
    collocation. Second, Qwest will establish a centralized point of
    control to monitor and record Qwest's compliance with the posting
    requirements of section 51.321(h). Third, Qwest agrees to continue
    to comply with these remedial actions for the entire time period in
    which the Internet posting requirement in section 51.321(h) of the
    Commission's rules remains in effect in its current form. Finally,
    Qwest agrees to provide remedial training on the posting
    requirements of section 51.321(h) to all personnel responsible for
    Internet posting within 30 days of the release of the Adopting Order
    in this proceeding and to provide such training to any such new
    personnel within 30 days of their being assigned such
    responsibility.

8.  Qwest shall make a voluntary contribution to the United States
    Treasury in the total amount of \$96,000 (ninety-six thousand
    dollars). This amount shall be paid within 30 days of the date on
    which the order adopting this Consent Decree becomes final. Such
    contribution shall be made, without further protest or recourse, by
    certified check, cashiers check, or money order drawn to the order
    of the Federal Communications Commission, and shall be mailed to the
    Forfeiture Collection Section, Finance Branch, Federal
    Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. Reference should be made on the check or money order to
    "Acct. No. 200232080018."

9.  Qwest will maintain business records and documents sufficient to
    show (1) the date on which physical collocation space becomes
    unavailable at any Qwest premises, (2) the circumstance causing
    physical collocation space to become unavailable at any Qwest
    premises, and (3) the date of public posting of that information on
    Qwest's publicly available Internet site. Qwest will also maintain
    business records demonstrating compliance with the terms and
    provisions of this Consent Decree. Qwest will make the information
    described in this paragraph available to the Bureau within 21 days
    of the receipt of a specific written request from the Bureau. This
    requirement will begin thirty (30) days after the effective date of
    the Adopting Order and will expire twenty-four (24) months later.

10. In express reliance on the covenants and representations in this
    Consent Decree, the Bureau agrees to terminate the inquiry without
    any finding of liability on the part of Qwest.

11. The Bureau agrees that, based on the facts developed in the Inquiry
    and in the absence of material new evidence related to this matter,
    it will not use the facts developed in this Inquiry through the date
    of the Consent Decree or the existence of this Consent Decree to
    institute, on its own motion, any new proceeding, formal or
    informal, or take any action on its own motion against Qwest
    concerning the matters that were the subject of the Inquiry. The
    Bureau also agrees that, based on the facts developed in the
    Inquiry, and in the absence of material new evidence related to this
    matter, it will not use the facts developed in this Inquiry through
    the date of this Consent Decree or the existence of this Consent
    Decree to institute on its own motion any proceeding, formal or
    informal, or take any action on its own motion against Qwest with
    respect to its basic qualifications, including its character
    qualifications, to be a Commission licensee or with respect to
    compliance with the Commission's rules and policies.

12. Nothing in this Consent Decree shall prevent the Commission from
    adjudicating complaints filed pursuant to section 208 of the
    Communications Act, as amended, 47 U.S.C. § 208, against Qwest or
    its affiliates for alleged violations of section 51.321(h) of the
    Commission's rules, or for any other type of alleged misconduct,
    regardless of when such misconduct took place. If any such complaint
    is made, the Commission\'s adjudication of that complaint will be
    based solely on the record developed in that proceeding. Nothing in
    this Consent Decree shall prevent the Commission from instituting
    new investigations or enforcement proceedings against Qwest pursuant
    to sections 4(i), 403, and 503 of the Communications Act in the
    event of any alleged future misconduct.

13. Qwest waives any and all rights it may have to seek administrative
    or judicial reconsideration, review, appeal or stay, or to otherwise
    challenge or contest the validity of this Consent Decree and the
    Order adopting this Consent Decree, provided the Order adopts the
    Consent Decree without change, addition, or modification.

14. Qwest waives any rights it may have under any provision of the Equal
    Access to Justice Act, 5 U.S.C. § 504.

15. In the event that this Consent Decree is rendered invalid by any
    court of competent jurisdiction, this Consent Decree shall become
    null and void and may not be used in any manner in any legal
    proceeding.

16. If either Party (or the United States on behalf of the Commission)
    brings a judicial action to enforce the terms of the Order adopting
    this Consent Decree, neither Qwest nor the Commission shall contest
    the validity of the Consent Decree or Order, and Qwest and the
    Commission will waive any statutory right to a trial *de novo* with
    respect to any matter upon which the Order is based, and shall
    consent to a judgment incorporating the terms of this Consent
    Decree.

17. The Bureau and Qwest agree that this Consent Decree does not
    constitute either an adjudication on the merits or a factual or
    legal finding or determination regarding any compliance or
    noncompliance with the requirements of the Communications Act,
    including section 251 thereof, and the Commission\'s implementing
    rules, including section 51.321(h). The parties agree that this
    Consent Decree is for settlement purposes only and that by agreeing
    to this Consent Decree, Qwest does not admit any liability for
    violating Commission rules in connection with the matters that are
    the subject of this Consent Decree. Qwest neither admits nor denies
    any such noncompliance, violation, or liability.

18. The Parties agree that any provision of the Consent Decree that
    would require Qwest to act in violation of a rule or order adopted
    by the Commission will be superseded by such Commission rule or
    order.

19. This Consent Decree may be signed in counterparts.

For the Enforcement Bureau, For Qwest Corporation

Federal Communications Commission

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David H. Solomon

Chief

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Date Date

[^1]: 47 C.F.R. § 51.321(h).

[^2]: *See* June 7, 2001 Letter from David H. Solomon, Chief,
    Enforcement Bureau, Federal Communications Commission, to Lauren
    Belvin, Vice President, Qwest; March 13, 2002 Letter from Maureen F.
    Del Duca, Deputy Division Chief, Investigations and Hearings
    Division, Enforcement Bureau, Federal Communications Commission, to
    Lauren Belvin, and Robert B. McKenna, Associate General Counsel,
    Qwest Corporation, Inc.

[^3]: *See* July 3, 2001 Letter from Robert B. McKenna to Charles W.
    Kelley, Division Chief, Investigations and Hearings Division,
    Enforcement Bureau, Federal Communications Commission, attaching
    July 3, 2001 Declaration of Georganne Weidenbach, including
    exhibits; *see also* April 12, 2002 Letter from Robert B. McKenna to
    Hillary S. DeNigro, Investigations and Hearings Division,
    Enforcement Bureau, Federal Communications Commission, attaching
    Affidavit of Laurel L. Burke, and responsive documents contained in
    a binder and a box (collectively "Qwest Responses").

[^4]: 47 C.F.R. § 51.321(h).

[^5]: *See* *In the Matter of Deployment of Wireline Services Offering
    Advanced Telecommunications Capability*, CC Docket 98-147, First
    Report and Order and Further Notice of Proposed Rulemaking, 14 FCC
    Rcd 4761, 4793 (1999) ("*Advanced Services Order"*).