FCC Web Documents citing 0.457

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2513A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2513A1.pdf
  • Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW, Washington D.C. 20554. CALEA compliance Monitoring Reports which are properly filed and marked as instructed herein will be treated as presumptively confidential pursuant to section 0.457(g) of the Commission's rules, 47 C.F.R. § 0.457(g), and will not be made available routinely for public inspection. Parties should clearly mark each filed copy ``Confidential - Not for Public Inspection'' and file it under seal. Any correspondence related to CALEA compliance Monitoring Reports should reference ET Docket No. 04-295 and should also be marked ``Confidential - Not for Public
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2513A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2513A2.pdf
  • Form 445, addressed to: Secretary Federal Communications Commission Attention: CALEA Monitoring Report 445 12th Street, S.W. Washington, D.C. 20554 Carriers shall file with the Federal Bureau of Investigation one copy of FCC Form 445, addressed to: CALEA Implementation Unit 14800 Conference Center Drive, Suite 300 Chantilly, VA 20151-0450 FCC Form 445 will be treated as presumptively confidential pursuant to section 0.457(g) of the Commission's rules, 47 C.F.R. § 0.457(g), and must be filed under seal by the petitioner. Petitioners must mark the top of each page of their report ``Confidential-Not for Public Inspection.'' Persons seeking access to any information from a section 109(b)(1) proceeding must request such access pursuant to section 0.461 of the Commission's rules, 47 C.F.R. § 0.461. Instructions
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.pdf
  • and the type of documents available for public inspection at those reference rooms. Section 0.455 of the Rules lists other locations at which records may be inspected, and the type of records that are available for public inspection at those locations. 47 C.F.R. § 0.461. See Octavio Sarmiento, Jr., 17 FCC Rcd 25277 (EB 2002). See also 47 C.F.R. § 0.457. 47 U.S.C. §§ 302a(b), 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 2.803(a)(1), 2.815(c). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 07-1313 Federal Communications Commission DA 07-1313 $ < [ ‰ š £ ¤ ú û ü � � " 0 Ô
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-787A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-787A1.pdf
  • available. III. DISCUSSION Section 0.459 of the Commission's Rules (``Rules'') establishes a procedure by which parties may request that information or materials that they have submitted to the Commission not be routinely available for public inspection. The rule requires that each such request shall contain a statement of the reasons for withholding the materials from inspection as described in Section 0.457 of the Rules, and of the facts upon which those records are based, including in part (1) identification of the specific information for which confidential treatment is requested, (2) an explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged, (3) an explanation of the degree to which the information
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1937A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1937A1.pdf
  • digital device is ``[a] digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. § 15.3(i). Class B devices are subject to stricter conducted and radiated emission limits than Class A devices. See 47 C.F.R. §§ 15.107 and 15.109. LOI Response at 3. Id. at 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. §§ 0.457 and 0.459, Microboards requested confidential treatment of certain information submitted in its LOI Response, including the specific number of units of the Orbit 3 Disc Duplicator and the MicroOrbit Disc Duplicator sold in the United States, asserting that this information is commercially sensitive and has not been previously disclosed. Microboards asserted
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2488A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2488A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2489A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2489A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2490A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2490A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2491A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2491A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2492A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2492A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2493A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2493A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2494A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2494A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2495A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2495A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2496A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2496A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2497A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2497A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2498A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2498A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2499A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2499A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2500A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2500A1.pdf
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1077A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1077A1.pdf
  • protection where it is deemed necessary or to the rights of Reviewing Parties to request further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and Sections 0.457(d) and 12.3(c) of the Commission's rules, 47 C.F.R. §§ 0.457(d), 12.3(c). Further, this Protective Order is adopted pursuant to the authority delegated in Sections 0.392, and 12.3(c) of the Commission's rules, 47 C.F.R. §§ 0.392, 12.3. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Acting Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Declaration of Confidentiality Reports Submitted Pursuant to
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  • the LMA with the Commission, as required by Section 73.3613 of the Rules. See id. at 11). See also Letter from Gregory L. Masters, Esq., counsel for D.B. Zwirn & Co., L.P., D.B. Zwirn Special Opportunities Fund, L.P., Bernard Radio LLC, and Straight Way Radio, LLC, to Marlene H. Dortch, Secretary, Federal Communications Commission, dated October 6, 2008. Citing Sections 0.457(d), 0.457(f), 0.457(g)(1)-(2), and 0.459(b) of the Rules, Zwirn requested confidential treatment of its LOI responses; the Bureau has not yet ruled on the request. Notwithstanding the foregoing, the Bureau retains its authority to investigate the conduct of Dr. Glenn Cherry, Board of Directors member and former President/CEO of Tama, and of Charles W. Cherry II, Board of Directors member and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1258A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1258A1.pdf
  • be presumed to be confidential'' and that public access to outage reports may be sought only pursuant to the procedures set forth in Section 0.461 of the Rules which addresses requests for inspection of materials not routinely available for public inspection. 47 C.F.R. § 4.2; see also 47 C.F.R. 0.461. On March 30, 2009, the Commission added a new Section 0.457(d)(1)(vii) of the Rules, 47 C.F.R. § 0.457(d)(1)(vii), to further codify the confidential treatment of network outage reporting. This new Section became effective on April 29, 2009. See 74 FR 14,078 (March 30, 2009). Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate'' the law. 47
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1268A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1268A1.pdf
  • from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Kathleen Grillo, Vice President, Federal Regulatory, Verizon (January 4, 2010). See Letter from Mark J. Montano, Assistant General Counsel, Verizon to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (February 3, 2010). Verizon requested its Response and associated documents be accorded confidential treatment. Pursuant to 47 C.F.R. § 0.457(d)(vi), Verizon's outage report is not routinely available for public inspection. Pursuant to 47 C.F.R. § 0.459(d)(3), we will accord the other materials confidential treatment until any request for inspection is made, and will rule on Verizon's request at that time. ``Willful'' is defined as the ``the conscious and deliberate commission or omission of [any] act, irrespective of any intent to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-154A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-154A1.pdf
  • on a case-by-case basis, and will notify such petitioners of its decision as soon as possible. To ensure consideration of a request for such a preliminary determination prior to June 30, 2000, the fully completed petition (including the alternative information) must be filed with the Commission by May 31, 2000. Confidential Treatment of CALEA Capability Compliance Information. Pursuant to section 0.457(g) of the Commission's rules, the detailed information provided by petitioning carriers to enable the Commission to find that section 103 compliance by the deadline is not reasonably achievable, will not be made routinely available for public inspection. Information not available for public inspection includes that which correlates switch locations, types, software and expected CALEA compliance dates. Petitioning carriers need not
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.pdf
  • resulting from CALEA compliance may be included in carrier cost showings relating to CALEA implementation. infra (interpreting section 107(c) as expressly limited to cases where the petitioning carrier proposes to install or deploy, or has installed or deployed, equipment, facility, or service "prior to the effective date of section 103," i.e., prior to October 25, 1998). See 47 C.F.R. §§ 0.457-0.461. at 16819-20, ¶¶ 55-56. . Petition for Extension of the Compliance Date Under Section 107 of the Communications Assistance for Law Enforcement Act by AT&T Wireless Services, Inc. et al., Memorandum Opinion and Order, 13 FCC Rcd 17990 (1998) at 17995-96, ¶ 7 n.21. Id. at 18005, ¶ 25. at 7127, ¶ 37. Id. at 7129-30, ¶ 42. See 47
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf
  • General who is consulted in section 107(c) adjudications and is a party to all section 109(b) adjudications. Petitioning telecommunications carriers are not required to request separately confidential treatment for the information submitted in their petitions. However, petitioners must mark the top of each page of their petitions: ``Confidential - Not for Public Inspection.'' We further conclude that, pursuant to section 0.457(g) of the Commission's rules, the information provided by telecommunications carriers in these CALEA proceedings will not be made routinely available for public inspection. No commenter disagrees with this approach. 4. Monitoring Reports In its Petition, Law Enforcement requested that the Commission impose a new compliance regime consisting of standardized CALEA compliance benchmarks for packet technologies. Under this proposal, limited compliance
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-100A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-100A1.pdf
  • the provisions of §§ 15.107(e) and 15.109(g) must be tested following the ANSI C63.4 procedure described in paragraph (a)(3) of this section''). See FCC Accepts Accreditation of European Laboratories for Declaration of Conformity Testing, Public Notice, 13 FCC Rcd 16626 (OET 1998). See supra note 39. Response at 9. Id. at 6. Id. Id. at Exhibit 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. §§ 0.457 and 0.459, Behringer requested confidential treatment of the ``Comparative Analysis of Identical Behringer Products,'' asserting that the material contains ``commercially sensitive information ... the disclosure of which could result in substantial competitive harm.'' Response at Exhibit 5. Having reviewed the material, we agree with Behringer and will accord the material confidential
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1488A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1488A1.txt
  • Information. 17. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party executing the attached Declaration, and the Submitting Party, Intelsat LLC. 18. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d). 2150 Federal Communications Commission ___________ DA 00-1488 APPENDIX A DECLARATION In the Matter of ) File Nos: ) S AT- A/O-20000 1 1 9-00002 to Applications of Intelsat LLC for Authority ) SAT- A/O-20000 1 1 9-000 1 8; to Operate and Further to Construct, ) SAT- AMD-20000 1 1 9-00029 to Launch and Operate C-band and Ku-band ) SAT-
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  • on 938.500 MHz and 938.1000 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J. Gizzo's request for confidentiality IS GRANTED, and that the financial documents submitted with her response to the NAL SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457(d) and 0.459 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Sandra J. Gizzo, 3661 Maryland Parkway, Suite 41, Las Vegas, Nevada 89109, and to her counsel, Russell H. Fox, Gardner, Carton & Douglas, 1301 K Street, N.W., Suite 900, Washington, D.C. 20005-3317. FEDERAL COMMUNICATIONS COMMISSION
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2618A1.doc
  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Pacific Bell Telephone Company Petition for Pricing Flexibility
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2619A1.doc
  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Verizon Petition for Pricing Flexibility for Special Access
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2623A1.doc
  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Southwestern Bell Telephone Company Petition for Pricing Flexibility
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2624A1.doc
  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of The Ameritech Operating Companies Petition for Pricing Flexibility
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  • In the Matter of Federal-State Joint Board on Universal Service ) ) ) ) CC Docket No. 96-45 PROTECTIVE ORDER Adopted: November 20, 2000 Released: November 22, 2000 By the Chief, Accounting Policy Division, Common Carrier Bureau: This Protective Order is intended to facilitate and expedite the review of certain records not routinely available for public inspection pursuant to section 0.457(d)(1)(iii) of the Commission's rules, and/or for which certain parties have requested that the information be withheld from public inspection pursuant to section 0.459 of the Commission's rules. It reflects the manner in which "Confidential Information," as that term is defined herein, is to be treated. Definitions. Authorized Representative. "Authorized Representative" shall have the meaning set forth in Paragraph 3 below.
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Dorothy T. Attwood Chief, Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Verizon Petition for Pricing Flexibility for Special Access and Dedicated Transport
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1188A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1188A1.txt
  • AT&T asserts - without explanation - that the materials ``contain proprietary and confidential trade secret and commercial information that would not otherwise be available to the public.'' Although some trade secrets and commercial or financial information are automatically accepted by the Commission on a confidential basis, the materials in question do not fall under these exceptions. See 47 C.F.R. § 0.457(d)(1). Therefore, AT&T is required to make its confidentiality request pursuant to § 0.459. See 47 C.F.R. § 0.457(d)(2). AT&T does not provide a statement of reasons for withholding the materials from inspection as required by § 0.459(b). AT&T asserts only that the materials contain proprietary and confidential trade secret and commercial information that would not otherwise be available to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1188A1_Erratum.doc
  • AT&T asserts - without explanation - that the materials ``contain proprietary and confidential trade secret and commercial information that would not otherwise be available to the public.'' Although some trade secrets and commercial or financial information are automatically accepted by the Commission on a confidential basis, the materials in question do not fall under these exceptions. See 47 C.F.R. § 0.457(d)(1). Therefore, AT&T is required to make its confidentiality request pursuant to § 0.459. See 47 C.F.R. § 0.457(d)(2). AT&T does not provide a statement of reasons for withholding the materials from inspection as required by § 0.459(b). AT&T asserts only that the materials contain proprietary and confidential trade secret and commercial information that would not otherwise be available to the
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  • Columbia Modification Order, 15 FCC Rcd at 15569 (para. 6). PanAmSat Licensee Corp., Memorandum Opinion and Order, 15 FCC Rcd 18720, 18722 (para. 8) (Int'l Bur. 2000) (PanAmSat License Revocation Order); Norris Satellite Communications, Inc., Memorandum Opinion and Order, 12 FCC Rcd 22299, 22303 (para. 8) (1997) (Norris Review Order). See FOIA Exemption 4, 47 U.S.C. § 552(b)(4), and Sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R. §§ 0.457, 0.459. Columbia Modification Order, 15 FCC Rcd at 15569 (para. 6). In that Order, the Bureau also concluded that Columbia conceded that Loral's contract demonstrated construction commencement. Columbia Modification Order, 15 FCC Rcd at 15569 (para. 6). Columbia now explains that it conceded only that Loral had entered into a
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  • Docket No. 98-184, Memorandum Opinion and Order, 15 FCC Rcd 14032 (2000) (Bell Atlantic/GTE Merger Order). 47 U.S.C. § 272(d)(2). PWC filed a redacted version of the audit report containing no confidential information and an unredacted proprietary version of the report claiming confidential treatment under sections 220(f) and 272(d)(3) of the Act (47 U.S.C. §§ 220(f) and 272(d)(3)), and sections 0.457 and 0.459 of the Commission rules (47 C.F.R. §§ 0.457 and 0.459). 47 C.F.R. § 53.213(d). 47 C.F.R. § 1.1206. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet:
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  • however, we find that the public interest requires that these materials be made available for public inspection. In its July 6, 2001 letter requesting confidential treatment, Cingular asserts that the materials contain ``proprietary commercial information and confidential cost information.'' Although some trade secrets and commercial or financial information are automatically accepted by the Commission on a confidential basis under Section 0.457(d)(1), the materials in question do not fall under these exceptions. Therefore, Cingular is required to make its confidentiality request pursuant to Section 0.459. Cingular does not provide a statement of reasons for withholding the materials from inspection as required by Section 0.459(b). Cingular asserts only that the materials contain proprietary commercial information and confidential cost information and that ``the results
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jeffrey J. Carlisle Senior Deputy Chief Common Carrier Bureau Attachment A to Protective Order Declaration In the Matter of Bell Atlantic Telephone Companies Revisions in Tariff FCC Nos.
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  • Further Reply on January 10, 2001. Letter from Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, International Bureau, FCC, to Robert A. Mazer, Counsel for NetSat 28 (dated May 30, 2001) (May 30 Letter). Letter from Robert A. Mazer, Counsel for NetSat 28, to Magalie R. Salas, Secretary, FCC (dated June 7, 2001) (June 7 Letter), citing 47 C.F.R. §§ 0.457, 0.459. Letter from Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, International Bureau, FCC, to Robert A. Mazer, Counsel for NetSat 28 (dated July 12, 2001) (July 12 Letter). NetSat 28 Confidentiality Application for Review, App. A (redacted version of June 7 Letter). NetSat 28 Application for Review at 2-4. Celsat Petition at 4-6; Pegasus Petition at 3; Celsat Reply
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  • its face and the imposition of discovery is not necessary to resolve the complaint before us. We will consider separately EchoStar's Request for Confidential Treatment and related pleadings. ECHOSTAR'S CONFIDENTIALITY REQUEST EchoStar filed a ``Request for Confidential Treatment'' of its Retransmission Consent Complaint pursuant to Section 76.9 of the Commission's rules, and the provisions governing submission of confidential materials, Sections 0.457 and 0.459 of the Commission's rules, requesting that its Complaint and exhibits attached thereto be afforded confidential treatment and not be placed in the Commission's public files. In support of is request, EchoStar asserts that certain exhibits to its complaint contain commercial or financial information that would not customarily be released to the public regardless of whether or not it
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jeffrey J. Carlisle Senior Deputy Chief Common Carrier Bureau Attachment A to Protective Order Declaration In the Matter of 2001 Annual Access Tariff Filings ) ) ) )
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  • renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Richard Lerner Deputy Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Qwest Petition for Pricing Flexibility for Special Access
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  • renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Sprint Petition for Pricing Flexibility for Special Access
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Dorothy T. Attwood Chief Common Carrier Bureau Attachment A to Protective Order Declaration In the Matter of Cost Review Proceeding for Residential and Single-Line Business Subscriber Line Charge
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  • renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Verizon Petition for Pricing Flexibility for Special Access
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Katherine L. Schroder Chief, Accounting Policy Division Common Carrier Bureau Attachment A to Protective Order Declaration In the Matters of Federal-State Joint Board on Universal Service 1998 Biennial
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds, Acting Deputy Chief, Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Sprint Petition for Pricing Flexibility for Special Access and
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  • renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Petitions for Pricing Flexibility for Special Access and
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  • Media Bureau: On December 13, 2000, The News Corporation Limited (News Corp.) offered to provide information regarding the financial condition of The New York Post to assist the Commission in its review of the above-referenced assignment applications, conditioned upon Commission confirmation that ``any and all financial information'' FTS may provide in the future would be treated as confidential under Sections 0.457 and 0.459 of the Commission's rules. 47 C.F.R. §§0.457 and 0.459. News Corp. asserted that the information was entitled to confidential treatment prior to review by the Commission because it was not the type that would customarily be made available to the public, and because disclosure would cause competitive harm. On December 21, 2000, the Mass Media Bureau issued a
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Dorothy Atwood Chief, Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Frontier Petition for Pricing Flexibility for Special Access and Dedicated Transport Services
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  • individual or company with multiple cable holdings, you should furnish separate profit and loss statements for each entity you own or control, or a consolidated profit and loss statement. You are advised that all financial data furnished with your response will be routinely available for public inspection absent a request for nondisclosure setting forth the reasons therefor pursuant to Section 0.457(d)(2)(i) of the Commission's Rules. If you have any questions concerning this forfeiture proceeding please communicate them in writing to: Federal Communications Commission Cable Services Bureau Washington, D.C. 20554 or contact Commission staff personnel by telephone at (202) 418-2355 or by FAX at (202) 4l8-1189. Washington D. C. 20554 NOTICE OF APPARENT LIABILITY CONTROL NO: 200112000001 In response to a Notice
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  • the above-captioned applications. Although some information had been submitted in response to a December 21, 2000 request, we determined that additional information was necessary in order to evaluate properly the claims raised with respect to the financial condition of the newspaper. News Corp had accompanied its initial January 22, 2001 submission with a request for confidential treatment pursuant to Sections 0.457 and 0.459 of the Commission's rules. 47 C.F.R. §§0.457 and 0.459. Thereafter, News Corp and The Office of Communications of the United Church of Christ, et al. (Petitioners) negotiated a proposed protective order which we released as Protective Order, DA 01-528, and subsequently amended by Supplemental Protective Order, DA 01-579. In the April 3, 2001 letter, we stated that ``requests
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, Section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of BellSouth Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) ) ) ) ) WCB/Pricing
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  • renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Petitions for Pricing Flexibility for Special Access and
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  • ) Telephone Reclassification and Compensation ) CC Docket No. 96-128 Provisions of the Telecommunications Act of 1996 ) PROTECTIVE ORDER Adopted: October 3, 2002 Released: October 3, 2002 By the Senior Deputy Chief, Wireline Competition Bureau: 1. On October 1, 2002, AT&T Corp. (Petitioner) filed a confidentiality request for data in two attachments. Petitioner requests, pursuant to 47 C.F.R. §§ 0.457 and 0.459, that the Commission not disclose the information to the public. Petitioner contends that the document provided contains competitively-sensitive data on the payment compensation payments made by AT&T during the Intermediate Period and should be accorded confidential treatment. Today, we authorize examination of the data for which confidential treatment has been sought, subject to compliance with this Protective Order.
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  • ) CC Docket No. 96-128 Provisions of the Telecommunications Act of 1996 ) PROTECTIVE ORDER Adopted: October 3, 2002 Released: October 3, 2002 By the Senior Deputy Chief, Wireline Competition Bureau: 1. On October 1, 2002, WorldCom (Petitioner) filed a confidentiality request for data filed the same day in an ex parte letter. Petitioner requests, pursuant to 47 C.F.R. §§ 0.457 and 0.459, that the Commission not disclose the information to the public. Petitioner contends that the document provided contains competitively-sensitive data on the cost of developing WorldCom's payphone compensation system and should be accorded confidential treatment. Today, we authorize examination of the data for which confidential treatment has been sought, subject to compliance with this Protective Order. 2 Pursuant to
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jeffrey J. Carlisle Senior Deputy Bureau Chief Wireline Competition Bureau Attachment A to Protective Order Declaration In the Matter of Verizon Telephone Companies Section 63.71 Application to Discontinue
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, Section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Jeffrey Dygert Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Verizon Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) ) ) ) ) WCB/Pricing
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jeffrey J. Carlisle Senior Deputy Chief Wireline Competition Bureau Attachment A to Protective Order Declaration In the Matter of VerizonTelephone Companies Tariff FCC Nos. 1, 11, 14 and
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  • materials to seek disclosure in any separate proceedings; and (c) agree that accidental disclosure of information derived from the Data Sets shall not be deemed a waiver of the privilege. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and 47 C.F.R. §§ 0.91, 0.291, and 0.457(d). FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau ATTACHMENT A: DECLARATION In the Matter of 2002 Biennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 (MB Docket No. 02-277 and MM Docket Nos. 01-235, 01-317, and 00-244) I, ____________________, hereby declare under penalty
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  • renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of Qwest Petition for Pricing Flexibility for Special Access
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  • Federal-State Joint Board on Universal Service to advise the Commission on universal service high-cost support calculations. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 1-4, 201-205, 214, 218-220, 254, 303(r), 403, and 410 of the Communications Act or 1934 as amended, 47 §§ 151-154, 201-205, 214, 218-220, 254, 303(r), 403, and 410, and sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R. §§ 0.457, 0.459, the request for confidential treatment, filed October 12, 2001, by Public Service Telephone Company IS DENIED. IT IS FURTHER ORDERED that, pursuant to section 0.459(g) of the Commission's rules, 47 C.F.R. § 0.459(g), Public Service Telephone Company will be afforded five (5) working days in which to file an
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  • the alleged violation occurred. The NAL issued by the Tampa Office fully complied with these requirements. To the extent that Mr. Sarmiento seeks additional investigatory records and information, including identification of the complainants that initiated the investigation and copies of all documents generated in the investigation, we note that such records are not routinely available for public inspection under Section 0.457 of the Rules and that any requests for such records must be made in accordance with the Freedom of Information Act procedures set forth in Section 0.461 of the Rules. Section 301 of the Act prohibits radio operation ``except under and in accordance with this Act and with a license in that behalf granted under the provisions of this Act.''
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, Section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Jeffrey H. Dygert Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Verizon Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) ) ) ) )
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  • renewed disclosure of Confidential Information. 21. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 22. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Implementation of Pay Telephone Reclassification and Compensation Provisions
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  • ) ) CC Docket No. 96-128 PROTECTIVE ORDER Adopted: March 28, 2002 Released: March 28, 2002 By the Chief, Pricing Policy Division: 1. On March 14, 2002, Qwest (Petitioner) filed information that partially responds to the Commission's request for data needed to supplement the record in the Pay Telephone Reclassification and Compensation proceeding. Petitioner requests, pursuant to 47 C.F.R. §§ 0.457 and 0.459, that the Commission not disclose the information to the public. Petitioner contends that the document provided contains competitively-sensitive data on Petitioner's non-regulated payphone operations and should be accorded confidential treatment. Today, we authorize examination of the data for which confidential treatment has been sought, subject to compliance with this Protective Order. 2 Pursuant to Commission rules, 47 C.F.R.
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  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jeffrey H. Dygert Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Alascom Petition for Waiver of the Commission's
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  • its section 272 affiliate. Verizon is specifically requesting that the Commission forbear from 47 C.F.R. §§ 53.203(a)(2)-(3) and section 272(b)(1) to the extent that it independently requires a prohibition on the above described sharing of OI&M functions. On May 12, 2003, Verizon requested confidential treatment pursuant to the Commission's rules related to the Freedom of Information Act, 47 C.F.R. §§ 0.457 and 0.459 for submitted data providing historic expenses Verizon used to calculate the burdens of compliance with the section 272 separate affiliate rules, including the prohibition on sharing of OI&M functions between the BOC and the section 272 affiliate. We find it likely that Verizon will need to file documents that contain proprietary or confidential information, and therefore, such documents
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  • rights of Reviewing Parties to request further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Iowa Telecommunications, Service, Inc. Tariff FCC No. 1, Transmittal No. 31 ) ) ) ) ) WC Docket
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  • Operating Company (BOC) and its section 272 affiliate. SBC is specifically requesting that the Commission forbear from 47 C.F.R. §§ 53.203(a)(2)-(3) and modify the provisions of the SBC/Ameritech Merger Order that restrict the sharing of OI&M functions. On June 16, 2003, SBC requested confidential treatment pursuant to the Commission's rules related to the Freedom of Information Act, 47 C.F.R. §§ 0.457 and 0.459, for submitted data providing detailed cost calculations and support for financial data SBC used to calculate the burdens of compliance with the prohibition on sharing of OI&M functions between the BOC and the section 272 affiliate. We find it likely that SBC will need to file documents that contain proprietary or confidential information, and therefore, such documents should
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  • Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 20. Authority. This Protective Order supersedes the protective order issued April 10, 2003 in connection with GCI's FOIA Request, and is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena M. Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of General Communication, Inc. On Request for Inspection of Documents Alascom Petition for Waiver from the Commission Rule
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  • NBC Complaint at 2. On May 13, 2003, Paxson Communications Corporation and PAX NET, Inc. submitted to the Commission a copy of the January 26, 1998 letter agreement between Paxson and Echostar to aid the Commission in its resolution of the above-referenced carriage complaint. Paxson has requested that its letter agreement with Echostar be treated as confidential under 47 C.F.R. §0.457(d)(1)(iv) of the Commission's rules. We grant Paxson's request. NBC Complaint at 2. Id. Echostar Opposition at 2. Id. at 4. Id. at 7. Under Section 76.66(d)(3)(ii), a new station must make its election and carriage demand between 60 days prior to and within 30 days of commencing broadcasting. See 47 C.F.R. 76.66(d)(3)(ii). WNEU Reply at 3. Id. at 8. Id.
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  • Entercom Portland License, LLC (DE), dated May 28, 2003, (``letter'') at 4. See Letter from Brian M. Madden, Esq., Dennis P. Corbett, Esq. and Jean W. Benz, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. See Confidentiality Request. Id. at 1. Id. at 2. 5 U.S.C. § 552. See 47 C.F.R. 0.457; Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order in GC Docket No. 96-55, 13 FCC Rcd 24816 (1998), recon. denied, 14 FCC Rcd 20128 (1999)(``Confidential Treatment Order''). 47 C.F.R. § 0.459(a). See Confidential Treatment Order, 13 FCC Rcd at 24821. 47 C.F.R. § 0.459(d). See Confidential Treatment Order, 13 FCC Rcd
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  • Alascom, to John Rogovin, General Counsel, Federal Communications Commission (Apr. 24, 2003). General Communication, Inc., On Request for Inspection of Records, FOIA Control No. 2003-208, Alascom Petition for Waiver from the Commission Rule and Order Requiring an Annual Tariff Filing, WC Docket No. 03-18, Protective Order, DA 03-2278 (WCB July 10, 2003). See 5 U.S.C. § 552(b)(4); 47 C.F.R. §§ 0.457(d), 0.461(i)(4). 47 C.F.R. § 1.3. WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), appeal after remand, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio, 418 F.2d at 1159. Waiver Petition at 7. Id. Id. See para.
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  • timely motion for stay of such an order denying confidential treatment. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Letter from E. Ashton Johnston and Paul W. Jamieson, Counsel to Star Wireless, to Marlene H. Dortch, Secretary, Federal Communications Commission, September 6, 2002 (``Letter''). 47 C.F.R. §§ 0.459. See Letter. 47 C.F.R. § 0.459. Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the
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  • motion for stay of such an order denying confidential treatment. Sincerely, Margaret W. Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Letter from Mr. Timothy Welch, Esq., Hill and Welch, to Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated September 6, 2002 (``Northeast Letter''). 47 C.F.R. § 0.459. Id. Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. 47 C.F.R. §§ 0.457, 0.459. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of
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  • E. Ashton Johnson, Esquire and Paul W. Jamison, Esquire, from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (DA 03-2681, rel. Aug. 15, 2002), the Wireless Telecommunications Bureau denied a similar request by Star with regard to other materials that it submitted to the Commission regarding this matter. 47 C.F.R. § 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the
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  • Pacific Telecom Inc. Immediately After Closing'' and associated documentation in the form of a bank letter dated August 26, 2003. On August 28, 2003, BANZHI submitted consolidated financial statements for The Micronesian Telecommunications Corporation (``MTC'') and GTE Pacifica Inc. for the years ending December 2002 and December 2001. Each letter was filed with a request for confidentiality pursuant to sections 0.457 and 0.459 of the Commission's rules. On September 4, 2003, the Office of the Governor filed a Freedom of Information Act (``FOIA'') request that the following documents, submitted in connection with the applications in this case, be made available for copying and inspection: (1) audited consolidated financial statements for MTC and GTE Pacifica Inc. for the years ending December 2002
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3010A1_Erratum.doc
  • Pacific Telecom Inc. Immediately After Closing'' and associated documentation in the form of a bank letter dated August 26, 2003. On August 28, 2003, BANZHI submitted consolidated financial statements for The Micronesian Telecommunications Corporation (``MTC'') and GTE Pacifica Inc. for the years ending December 2002 and December 2001. Each letter was filed with a request for confidentiality pursuant to sections 0.457 and 0.459 of the Commission's rules. On September 4, 2003, the Office of the Governor filed a Freedom of Information Act (``FOIA'') request that the following documents, submitted in connection with the applications in this case, be made available for copying and inspection: (1) audited consolidated financial statements for MTC and GTE Pacifica Inc. for the years ending December 2002
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  • records in its files to the public that originate in another agency and that it will refer any such requests to the originating agency. Commission regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act, 5 U.S.C. § 552. 47 C.F.R. § 0.457(d), 0.459(d). Consistent with our regulations and the broadcast television stations' expectations that information submitted to the Commission with a request for confidential treatment not be made publicly available, we have requested that the GAO not disclose confidential information contained in the DTV survey responses. Our regulations permit disclosure of records submitted to the Commission in confidence to the Comptroller General
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Petitions for Pricing Flexibility for Special Access and Dedicated Transport Services Filed by the Ameritech Operating Companies, Nevada
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  • Hearings Division, Enforcement Bureau, Federal Communications Commission dated July 31, 2003. In addition to this letter and the Confidentiality Request, the LOI response contained a memo, declarations, a privilege log listing numerous documents that were withheld based on attorney-client privilege, and three boxes of documents. See Confidentiality Request at 1. Id. 47 C.F.R. § 0.459. 47 C.F.R. § 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an "explanation of the degree to which the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3521A1_Erratum.doc
  • Hearings Division, Enforcement Bureau, Federal Communications Commission dated July 31, 2003. In addition to this letter and the Confidentiality Request, the LOI response contained a memo, declarations, a privilege log listing numerous documents that were withheld based on attorney-client privilege, and three boxes of documents. See Confidentiality Request at 1. Id. 47 C.F.R. § 0.459. 47 C.F.R. § 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an "explanation of the degree to which the
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  • York Metropolitan area. Subsequent to the submission of the report the Commission commenced the above proceedings. To facilitate resolution of these proceedings, The Department offered on November 13, 2003, to provide interested parties who have submitted comments in the proceedings access to the Technical Report, conditioned on the Commission's confirmation that ``the information provided be treated as confidential under Sections 0.457 and 0.459 of the Commission's rules. The Department states that the information is entitled to confidential treatment because of the need to protect critical systems, facilities, and other law enforcement assets from security breaches and harm and that the release of this information would endanger the life or physical safety of law enforcement personnel and citizens. The Comments and Reply
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Verizon Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) ) ) ) ) WCB/Pricing
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  • or company with multiple station holdings, you should furnish separate profit and loss statements for each entity that you own or control, or a consolidated profit and loss statement. You are advised that all financial data furnished with your response will be routinely available for public inspection absent a request for nondisclosure setting forth the reasons therefor, pursuant to Section 0.457(d)(2) of the Commission's Rules. If you have any questions concerning this forfeiture proceeding, please communicate them in writing to: Federal Communications Commission Video Division, Media Bureau 445 12th Street, S.W., Room 2-A665 Washington, DC 20554 or contact Commission staff personnel by telephone at (202) 418-1600; or by FAX at (202) 418-2827 NOTICE TO INDIVIDUAL REQUIRED BY THE PRIVACY ACT Sections
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  • ¶ 6 (Enf. Bur. 2001). Response at 3. NAL at ¶ 10. Specifically, Petracom offered to address its financial difficulties ``separately on a confidential basis, and will file with the FCC appropriate financial material.'' Response at 3. However, under the Rules and precedent, Petracom's request for confidentiality had to accompany its submitted material (i.e., financial documentation). See 47 C.F.R. § 0.457(d)(2), see also KYOO-Communications, 16 FCC Rcd 9291, 9292 ¶ 5 (Enf. Bur. 2001); Callais Cablevision, Inc., 16 FCC Rcd 1359, 1366-67 (2001). Outside of the instant case, the FCC has received notice that Petracom has filed for Chapter 11 bankruptcy. However, it appears that the Commission has notice that Petracom filed for bankruptcy. See Petracom Joplin, supra, at note 15.
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  • a regulatory compliance officer charged with oversight of personnel responsible for ensuring that switching power supply battery chargers comply with all applicable Rules prior to importation and marketing. Schumacher will submit details of its RCP to the Bureau no later than thirty (30) days after the Effective Date. Schumacher may submit its RCP on a confidential basis pursuant to Sections 0.457 and 0.459 of the Commission's Rules. 12. The Parties acknowledge and agree that this Consent Decree shall constitute a final and binding settlement between Schumacher and the Bureau regarding possible violations of the Act and the Rules prior to the Effective Date of this Consent Decree with respect to the switching power supply battery charger models that Schumacher displayed at
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Verizon Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) ) ) ) ) WCB/Pricing
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  • law that relate to the unlawful disclosure of information apply to the employees of the agency to which the information is released. While the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal government agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442. The other agency must establish a legitimate need for the information and the disclosure is made subject to the provisions of 44 U.S.C. § 3510(b). 47 C.F.R. § 0.442(b). Further, parties that
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  • Any other relevant factors the Commission determines warrant consideration. Parties providing supplemental documentation with their certification should also include an index listing such documentation. Commission regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act, 5 U.S.C. § 552, 47 C.F.R. §§ 0.457(d), 0.459(d). Parties seeking confidential treatment of proprietary and commercial sensitive information should file a request pursuant to § 0.459 of the Commission's rules. Protective orders may be appropriate in specific circumstances. Certifications must be filed during the window. Certifications filed earlier in the window will not receive any preference over those filed later in the window. Certifications filed before January
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  • Hartson, L.L.P., to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau (April 26, 2004) (``Response''). Letter from Mace J. Rosenstein, Esq. and David L. Martin, Esq., Hogan & Hartson, L.L.P., to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau (April 26, 2004) (``Confidentiality Request''). Confidentiality Request at 1. Id. Id. Id. at 2. 47 C.F.R. § 0.459. 47 C.F.R. § 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an "explanation of the degree to which the
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  • Upgrade Permits Electronic Submittal of Short-Term Confidentiality Requests An upgrade to the Office of Engineering and Technology's (OET) Equipment Authorization System will be implemented effective 06/15/2004. This upgrade will provide additional flexibility for electronic submittal of requests for confidentiality of certain commercially sensitive information that is submitted in conjunction with applications for equipment authorization. Pursuant to the provisions of Sections 0.457 and 0.459 of the Commission's rules (47 CFR §§ 0.457, 0.459), the Office of Engineering and Technology currently accepts requests to hold in confidence certain attachments to the electronic Application for Equipment Authorization (Form 731). These requests are granted indefinitely, and are strictly reserved for limited types of technical information. The new electronic process will include a provision for temporary
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  • Corporation (``AT&T'') for confidential treatment and other relief relating to eleven pages of documents (``the Subject Documents'') that complainant AudioText International, Ltd. (``AudioText'') included in the appendix to the formal complaint that AudioText filed with the Commission under section 208(a) of the Communications Act of 1934, as amended (``Act''). AT&T seeks confidential treatment of the Subject Documents pursuant to sections 0.457 and 0.459 of our rules, on the grounds that they are protected by the attorney-client and attorney work product privileges. AudioText opposes AT&T's request. As explained below, we deny AT&T's requests relating to the Subject Documents, because we find that AT&T has waived any attorney-client privilege and/or work product protection that may have once attached to these documents. factual background
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  • W.L. orbital location and a request for the authorization of Earth stations to receive signals from DIRECTV 5, for the purpose of providing local-into-local service in the US. Confidentiality Request DIRECTV filed the supporting documents to the DIRECTV 3 STA request pursuant to a request to withhold these documents from public inspection and accord them confidential treatment pursuant to Sections 0.457 and 0.459 of the Commission's rules. DIRECTV indicated in that request that the document submitted with that filing ``contains sensitive trade secrets, and commercial information that falls within Exemption 4 of the Freedom of Information Act (``FOIA'').'' Pegasus Development Corp. (``Pegasus'') filed a FOIA request for these documents. On March 15, 2004, both DIRECTV and Telesat responded to Pegasus' FOIA
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  • use this procedure due to the customer confidentiality concerns expressed by Alascom in its letter stating that the refunds had been made. See Alascom July 2 Letter at 2-3. We make no determination that, as Alascom claims, this information is protected from disclosure pursuant to exemption 4 of FOIA and Commission rules. See 5 U.S.C. § 552(b)(4), 47 C.F.R. §§ 0.457 and 0.459. While following this procedure prevents the calculations and amounts refunded from being subject to general public comment, each affected customer is still provided an opportunity to demonstrate to the Bureau that Alascom has not fully refunded any overpayment. See e.g., GCI Comments at 18-20. Id. Alascom, Inc., Petition for Waiver of the Commission Rule Requiring an Annual Tariff
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  • the 72.5º W.L. orbital location. On December 17, 2003, Industry Canada provided Telesat with an approval in principle to develop and operate a broadcast-satellite space station at the 72.5° W.L. orbital location. B. Procedural History On October 7, 2003, DIRECTV filed a copy of its agreement with Telesat and requested that it be withheld from public inspection pursuant to Sections 0.457 and 0.459 of the Commission's rules. On January 7, 2004, DIRECTV filed its STA request to relocate the DIRECTV 5 satellite. On January 12, 2004, DIRECTV filed its request for a blanket Earth station authorization. The Satellite Division issued a public notice of DIRECTV's STA request on January 15, 2004. On February 17, 2004, Pegasus Development Corporation (``Pegasus'') and EchoStar
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  • wife of a baseball pitcher, told her on the air that she was ``hot,'' and asked whether ``she had a date for Thursday's game.'' The radio personality then broadcast the conversation without informing the widow. Despite the complaint being initiated by someone other then the recipient of the call, the Bureau found the station liable for forfeiture. 47 C.F.R. § 0.457(g)(3); see also William McConnell, Broadcasting and Cable, Memorandum Opinion and Order, 18 FCC Rcd 26371, ¶4 (2003) (Enforcement Bureau properly granted respondent's request for confidential treatment of names supplied in response to an investigation, finding that release of the information ``could reasonably be expected to `constitute an unwarranted invasion of personal privacy.''' Lenona E. Shook, Memorandum Opinion and Order, FCC
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  • and a subsequent order amending the pleading cycle in the investigation, Alascom filed various materials that it claims contain ``highly confidential business proprietary information protected from disclosure under Exemption 4 to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(4), and the Trade Secrets Act, 18 U.S.C. § 1905.'' Alascom requests confidential treatment of this information pursuant to sections 0.457 and 0.459 of the Commission's rules. In response to Alascom's request, we adopt this Protective Order to facilitate and expedite the review of documents alleged to contain trade secrets and commercial or financial information. This Protective Order also applies to material designated as confidential in any subsequent filings in this proceeding, and reflects the manner in which ``Confidential Information,'' as
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  • to Brian Butler, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, from Douglas L. Povich, Esq. (December 17, 2003). VIA states that it manufactures eight EPIA CPU boards, but only imports four of these boards into the U.S. Of these four EPIA boards, VIA claims that only the EPIA-M and EPIA-CL were shipped with the SSC function disabled. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. §§ 0.457 and 0.459, VIA requested confidential treatment of certain information submitted in response to its LOI, including the specific number of EPIA boards shipped to the U.S. VIA asserts that the shipment figures represent market size information and potential sales figures for its EPIA boards, information that would customarily be guarded from
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  • confidentiality is especially appropriate. discussion Section 0.459 of the Rules establishes a procedure by which parties may request that information or materials that they have submitted to the Commission not be routinely available for public inspection. The rule requires that each such request shall contain a statement of the reasons for withholding the materials from inspection as described in Section 0.457 of the Rules, and of the facts on which this record is based, including in part (1) identification of the specific information, (2) an explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged, (3) an explanation of the degree to which the information concerns a service that is subject
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  • renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party executing the attached Declaration and the Submitting Party. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and (j), section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau Attachment A DECLARATION In the Matter of July 1, 2004 Annual Access Charge Tariff Filings ) ) )
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  • submitted in response to this survey will be made available to the public in aggregate form. No data that can be used to identify individual respondents, either directly or indirectly, will be released to the public. If individual respondents to the survey wish to request confidential treatment of any data provided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules, they should identify clearly the specific information they wish to protect and provide, as required by the rules, a complete explanation of why such treatment is appropriate. Accordingly, IT IS ORDERED pursuant to Section 3 of the 1992 Cable Act (Section 623(k) of the Communications Act of 1934, as amended), 47 U.S.C. 543(k), and
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  • support of his due diligence claims. This documentation includes evidence of consulting contracts, agreements for engineering studies, and memorandums of understanding which Havens entered into beginning in the first year of the license term for the purpose of developing a LMS system. We note that this documentation was submitted along with a request for confidential treatment in accordance with Sections 0.457 and 0.459 of the Commission's rules. See Mobex Comments at 5. Mobex contends that Havens' request is similar to two waiver requests which were denied by the Mobility Division of the WTB, and its predecessor, the Commercial Wireless Division, because, as in those situations, Havens cannot state when equipment will be available to construct his facilities. Mobex Comments at 6.
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  • renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party executing the attached Declaration and the Submitting Party. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and (j), section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau Attachment A DECLARATION In the Matter of Access Charge Reform Reform of Access Charges Imposed by Competitive Local
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena M. Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Ameritech Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) ) ) ) )
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena M. Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Nevada Bell Telephone Company Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) )
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena M. Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Pacific Bell Telephone Company Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) )
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena M. Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Southern New England Telephone Company Petition for Pricing Flexibility for Special Access and Dedicated Transport Services )
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deena M. Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Southwestern Bell Telephone Company Petition for Pricing Flexibility for Special Access and Dedicated Transport Services ) )
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  • own motion that the materials should not be routinely available for public inspection. Ordinarily, however, in the absence of such a request, materials which are submitted will be made available for inspection upon request pursuant to 47 C.F.R. § 0.461, even though some question may be present as to whether they contain trade secrets or like matter.'' 47 C.F.R. § 0.457(d)(2). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h& h& h& ! ' = E M � Ž (R) ´ ¸ Ã Ð ð þ h& h& hL hL hL h& h& F F h& hL hL hL hL hL hL hL hL hL hL
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  • Internet, and media/entertainment industries. Unless otherwise specified, references throughout this document to BIA data refer to the Year 2002 data made available to the public on October 21, 2003. According to Joseph Lassiter, the chief operator of WDLP-TV, WVIB's Grade B service area contains fewer than 40,000 viewers. The parties have requested confidential treatment of this material pursuant to Sections 0.457 and 0.459 of the Commission's rules. 47 C.F.R. §§ 0.457 & 0.459. Sonia also submitted an economic analysis by Alan Pearce, Ph.D., and Richard Carlson, MBA, of Information Age Economics, Inc., that concludes that WVIB is a financially failing station and that the proposed duopoly will have minimal market power in the DMA. In support, Sonia refers to Hispanic Keys'
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  • regulatory compliance officer charged with oversight of personnel responsible for ensuring that switching power supply battery chargers comply with all applicable Commission Rules prior to importation and marketing. Vector will submit details of its RCP to the Bureau no later than thirty (30) days after the Effective Date. Vector may submit its RCP on a confidential basis pursuant to Sections 0.457 and 0.459 of the Commission's Rules. Vector agrees that it will file a motion to withdraw its petition for reconsideration of the September 23, 2003 Public Notice within five (5) days after the Effective Date of this Consent Decree. The Bureau agrees that it will grant Vector's motion and dismiss the petition for reconsideration. The Parties acknowledge and agree that
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  • law that relate to the unlawful disclosure of information apply to the employees of the agency to which the information is released. While the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal government agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442. The other agency must establish a legitimate need for the information and the disclosure is made subject to the provisions of 44 U.S.C. § 3510(b). 47 C.F.R. § 0.442(b). Further, parties that
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  • at the 129° W.L. orbital location. B. Procedural History On February 3, 2005, EchoStar filed both its STA request to relocate the EchoStar 5 satellite and its request for a blanket Earth station authorization. On February 4, 2005, EchoStar filed a copy of a preliminary agreement with Ciel and requested that it be withheld from public inspection pursuant to Sections 0.457 and 0.459 of the Commission's rules. The Satellite Division issued a Public Notice of EchoStar's STA request on March 4, 2005. Separately, on April 6, 2005, we issued a Public Notice of EchoStar's request for a blanket Earth station authorization. On April 4, 2005, the Bureau sent a letter to EchoStar requesting a definitive agreement and further technical information concerning
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  • control. DIRECTV will conduct TT&C for DIRECTV 1, on Telesat's behalf, from a U.S.-licensed earth station, until Telesat has developed and installed the necessary facilities in Canada to perform such functions. On April 27, 2005, DIRECTV filed with the Commission a copy of its agreement with Telesat, and requested that the agreement be withheld from public inspection pursuant to Sections 0.457 and 0.459 of the Commission's rules. On the same date, DIRECTV also filed a request for special temporary authority (STA) to relocate the DIRECTV 1 satellite, and a request for modification of its existing blanket earth station authorization. The Satellite Division of the International Bureau (Division) issued a Public Notice on April 29, 2005 accepting DIRECTV's STA request for filing.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1890A1_Erratum.doc
  • control. DIRECTV will conduct TT&C for DIRECTV 1, on Telesat's behalf, from a U.S.-licensed earth station, until Telesat has developed and installed the necessary facilities in Canada to perform such functions. On April 27, 2005, DIRECTV filed with the Commission a copy of its agreement with Telesat, and requested that the agreement be withheld from public inspection pursuant to Sections 0.457 and 0.459 of the Commission's rules. On the same date, DIRECTV also filed a request for special temporary authority (STA) to relocate the DIRECTV 1 satellite, and a request for modification of its existing blanket earth station authorization. The Satellite Division of the International Bureau (Division) issued a Public Notice on April 29, 2005 accepting DIRECTV's STA request for filing.
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  • and failed to disclose the total consideration it will receive from the sale of WOXL-FM. On July 9, 2004, the Division sent Liberty an LOI seeking information and documents germane to the assignment of license of WOXL-FM. Liberty submitted a response to the LOI on July 19, 2004. Liberty's response included a ``Request for Confidential Treatment of Documents Under Sections 0.457 and 0.459 of the Rules'' concerning the documents specifically requested by the Division. The Division found that Liberty's request for confidential treatment of the subject materials failed to comply with the standards set forth in Section 0.459 of our rules. Accordingly, pursuant to Section 0.459(c), on November 9, 2004, we denied Liberty's July 19, 2004, Request for Confidential Treatment of
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  • regulations and Form 477 submitters' expectations that information submitted to the Commission with a request for confidential treatment not be made publicly available, we have requested that the GAO not disclose confidential information contained in the Form 477 responses. If you have any questions, please contact Thomas J. Beers in the Wireline Competition Bureau at 202-418-0952. See 47 C.F.R. § 0.457(d), 0.459(d). See also Local Competition and Broadband Reporting, CC Docket No. 99-301, Report and Order, 15 FCC Rcd 7717 (2000) (Data Gathering Order). PUBLIC NOTICE _______________________________________________________________ Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � ÿ‰PNG r v ‡ƒ"rÕ9 I'6› Ãd³Y›Í†aX Ëåò; Wh� ðX,†aXÞÌÐy¹]\\.W`hÊööva6l! �v"]­VßatÿãäääåË-``````°"m(c)x<ž¼G¼<æææž={-N§•J%tŒ<== ¤"""x Ò�� î
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  • its Application for Review of the grant of the above-captioned applications filed on behalf of KXLA, and its objections filed against KSGA-LP ARE GRANTED, and those pleadings ARE DISMISSED, pursuant to Section 73.3588 of the Commission's Rules. Sincerely, Clay C. Pendarvis Assistant Chief, Video Division Media Bureau See 5 U.S.C. § 552(b)(4) and 18 U.S.C. § 1905. See also Section 0.457 of the Commission's Rules, 47 C.F.R. § 0.457. See, e.g., Booth American Co., 58 FCC 2d 553, 554 (1976). h‹ h‹ h‹ h‹ h‹ h‹ h‹ h‹ h‹ o u - â ã � � üçýw¿�ÿö§¿øéíïþøÛ߇?üñëßàß�ß~ûkøŸï?õ øþß� ßûFùj;8‡(R)¸n¨ñ ¿olÝnX[Çùv7.Cœ¯^\ ²ˆ"¿ÖÖ& á+Z¼S¢˜c �Œ `ÿÖåf(÷ ¬B7Lâ(å ß›/‰¬ óœ{×¢kî(R)_ º yJ „Ÿ {à°``g-æÖÓ X-Äô ÙÒƒ|Óšb`Þ.¥É P``-p‹=´îŸw|10þhª\Ó+ ¾äñ � ×ñ%ˆuÔ‚Áliâüðí¢¡#i¿' ç''ñµÍoŸ V ß` ø-T
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  • protective order and to apply to the court for further protection. It is the FTC's policy not to oppose a court appearance by concerned parties for this purpose. Commission regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under FOIA, 5 U.S.C. § 552. 47 C.F.R. § 0.457(d), 0.459(d). Consistent with our regulations and the cable operators' expectations that identification of the sources of particular data will be protected, we have requested that the FTC not disclose the sources of particular data collected by the Commission in the cable price survey. Any questions regarding this matter should be directed to Michael Perko at 202-418-7021 or michael.perko@fcc.gov. See Letter
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  • processed until the relevant agreements have been filed, we need not dismiss the assignment application because, as discussed below, ACL and NUSCO later cured this defect by submitting the required documentation. Request for Confidential Treatment. On July 13, 2005, ACL and NUSCO submitted a copy of their purchase agreement, and requested that it be treated as confidential pursuant to Section 0.457(d) of the Commission's Rules. On August 3, 2005, ACL and NUSCO filed a redacted copy of the purchase agreement, which deleted financial data and certain information regarding the parties' future plans. PSI argues that the redacted copy is insufficient, and the entire agreement must be disclosed ``so that the transaction can be fully scrutinized.'' We disagree. The primary purpose of
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  • of, relating to, or resulting from an act of terrorism'' where qualified anti-terrorism technologies have been deployed. Sellers that wish to be awarded SAFETY Act protections for such technologies must submit an application to the Department of Homeland Security. Response to LOI at 1. Id. Id. at 2. Id. Id. Id. 47 C.F.R. § 0.459. 47 C.F.R. § 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau See Sprint Petition for Pricing Flexibility for Special Access and Dedicated Transport Services (filed Dec. 7, 2005) (Sprint Petition); Pleading Cycle Established for Sprint Petition for Pricing Flexibility
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau See Verizon Petition for Pricing Flexibility for Special Access Services (filed Jan. 28, 2005) (Verizon Petition); Pleading Cycle Established for Verizon Petition for Pricing Flexibility for Special Access
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  • 302a(b) and 47 C.F.R. § 2.803(a). Letter to Thomas P. Schluep, Vice President, Engineering, B.E.A., Inc., from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (October 12, 2004). Letter from Thomas P. Schluep, Vice President, Engineering, B.E.A., Inc., to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (October 26, 2004) (``Response''). Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. §§ 0.457 and 0.459, B.E.A. requested confidential treatment of certain information submitted in its response, including the specific number of MS-07, Wizard and Falcon models sold in the United States, asserting that these figures constitute trade secrets and commercial or financial information customarily guarded from competitors. B.E.A. argues that disclosure of these figures
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  • any cable system, the cable operator should complete a separate questionnaire for each community unit identification (``CUID'') number selected. Data submitted in response to this survey will be made available to the public in aggregate form. If individual respondents to the survey wish to request confidential treatment of any data provided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules, they should request such confidentiality in writing and identify clearly the specific information they wish to protect. They also should provide, as required by the rules, a complete explanation of why such treatment is appropriate. This request for confidentiality should be submitted in the same manner as the completed questionnaire(s), as described in Appendix
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau See Ameritech Petition for Pricing Flexibility (filed Feb. 18, 2005) (Ameritech Petition); Southern New England Telephone Company Petition for Pricing Flexibility (filed Feb. 18, 2005) (SNET Petition); Southwestern
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 24. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 25. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven F. Morris Deputy Chief, Pricing Policy Division Wireline Competition Bureau See BellSouth Telecommunications, Inc. Petition for Phase I Pricing Flexibility for Switched Services (filed Mar. 17, 2005) (BellSouth Petition); Pleading Cycle Established for BellSouth Petition for Pricing
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  • own motion that the materials should not be routinely available for public inspection. Ordinarily, however, in the absence of such a request, materials which are submitted will be made available for inspection upon request pursuant to 47 C.F.R. § 0.461, even though some question may be present as to whether they contain trade secrets or like matter.'' 47 C.F.R. § 0.457(d)(2). See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001); Reminder: Filing Locations for Paper Documents and Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of ) ) Ameritech Operating Companies ) WCB/Pricing 06-08 And Southwestern Bell ) WCB/Pricing 06-09 Telephone Company's ) Petitions
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  • renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and (j), section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Erica H. McMahon Acting Chief, Consumer Policy Division Consumer & Governmental Affairs Bureau Attachment A to Protective Order DECLARATION In the Matter of Rules and Regulations Implementing the
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  • separate questionnaire for each community unit identification (``CUID'') number selected. Data submitted in response to this supplemental survey will be made available to the public in aggregate form only as averages representing segments of the industry. If individual respondents to the survey wish to request confidential treatment of any data provided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules, they should request such confidentiality in writing and identify clearly the specific information they wish to protect. They also should provide, as required by the rules, a complete explanation of why such treatment is appropriate. This request for confidentiality should be submitted in the same manner as the completed questionnaire(s), as described in Appendix
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  • of Highly Confidential Information. 17. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the party executing the attached Declaration and the Submitting Party. 18. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d) and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4). APPENDIX B ATTACHMENT A DECLARATION In the Matter of: EchoStar Satellite L.L.C. ) Complainant ) File No. CSR-7070-P v. ) Home Box Office, Inc. ) Defendant ) Program Access Complaint I, _______________________________________, hereby declare under penalty of perjury that I have read the Protective Order that has
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  • Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW, Washington D.C. 20554. CALEA compliance Monitoring Reports which are properly filed and marked as instructed herein will be treated as presumptively confidential pursuant to section 0.457(g) of the Commission's rules, 47 C.F.R. § 0.457(g), and will not be made available routinely for public inspection. Parties should clearly mark each filed copy ``Confidential - Not for Public Inspection'' and file it under seal. Any correspondence related to CALEA compliance Monitoring Reports should reference ET Docket No. 04-295 and should also be marked ``Confidential - Not for Public
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  • Form 445, addressed to: Secretary Federal Communications Commission Attention: CALEA Monitoring Report 445 12th Street, S.W. Washington, D.C. 20554 Carriers shall file with the Federal Bureau of Investigation one copy of FCC Form 445, addressed to: CALEA Implementation Unit 14800 Conference Center Drive, Suite 300 Chantilly, VA 20151-0450 FCC Form 445 will be treated as presumptively confidential pursuant to section 0.457(g) of the Commission's rules, 47 C.F.R. § 0.457(g), and must be filed under seal by the petitioner. Petitioners must mark the top of each page of their report ``Confidential-Not for Public Inspection.'' Persons seeking access to any information from a section 109(b)(1) proceeding must request such access pursuant to section 0.461 of the Commission's rules, 47 C.F.R. § 0.461. Instructions
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  • complete a separate questionnaire for each community unit identification (``CUID'') number selected. Data submitted in response to this survey will be made available to the public in aggregate form as averages representing segments of the industry. If individual respondents to the survey wish to request confidential treatment of any data provided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules, they should request such confidentiality in writing and identify clearly the specific information they wish to protect. They also should provide, as required by the rules, a complete explanation of why such treatment is appropriate. This request for confidentiality should be submitted in the same manner as the completed questionnaire(s), as described in Appendix
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  • January 27, 2006, at the request of Commission staff, Qwest supplemented its petition by providing the number of Frontier access lines in the Kilkenny exchange subject to confidential treatment under the Commission's rules. Letter from Michael B. Adams, Jr., Senior Attorney, Qwest, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 05-321 (filed Jan. 27, 2006) (citing 47 C.F.R. §§ 0.457, 0.459)). Qwest states that Frontier considers the number of access lines in Kilkenny to be competitively sensitive information and provides a justification for confidential treatment. Id. at 2 and attached Appendix. See Qwest Petition at 2,4, and Attachment A, Minnesota Public Utilities Commission, In the Matter of a Petition for Extended Area Service from Kilkenny to the Minneapolis/St. Paul Metropolitan
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442(d). The Department states in its request that it is its policy to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that the
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  • and the type of documents available for public inspection at those reference rooms. Section 0.455 of the Rules lists other locations at which records may be inspected, and the type of records that are available for public inspection at those locations. 47 C.F.R. § 0.461. See Octavio Sarmiento, Jr., 17 FCC Rcd 25277 (EB 2002). See also 47 C.F.R. § 0.457. 47 U.S.C. §§ 302a(b), 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 2.803(a)(1), 2.815(c). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 07-1313 Federal Communications Commission DA 07-1313 $ < [ ‰ š £ ¤ ú û ü � � " 0 Ô
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Albert Lewis Acting Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of ) ) Petition of Indiana Bell Telephone ) Company, Incorporated (Ameritech Indiana) ) WCB/Pricing 07-07 and The Ohio
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  • LLC. That station is not yet operational. See 47 C.F.R. § 73.3555, Note 7. See also Review of the Commission's Regulations Governing Television Broadcasting, 14 FCC Rcd 12903, 12935-40 (1999) (``Local Ownership Order''), recon. granted in part, 16 FCC Rcd 1067 (2001). Local Ownership Order, 14 FCC Rcd at 12939. Sunflower requested confidential treatment for this material pursuant to Sections 0.457 and 0.459(a) of the Commission's rules. See Local Ownership Order, 14 FCC Rcd at 12939. See Hispanic Keys Broadcasting, Inc., 19 FCC Rcd 4603, 4606 (MB 2004)(where the Media Bureau relied on a similar commitment as part of the public interest benefits supporting a failing station waiver). See WCWN LLC, 21 FCC Rcd 13522, 13524 (MB 2006); KSMO Licensee, Inc.,
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442(d). The Department states in its request that it is its policy to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that the
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  • permit it to use the AMTS spectrum for private land mobile radio (PLMR) operations. On May 25, 2005, PSI filed a petition to deny the application. On July 13, 2005, ACL and NUSCO filed a request for confidential treatment of their purchase agreement submitted in conjunction with the application, and modified this request on August 3, 2005, pursuant to Section 0.457(d) of the Commission's Rules. On November 9, 2005, the Division denied deny the petition to deny, and granted the request for protection and waiver request. The Division concluded that PSI lacked standing to file the petition to deny because the service contours of its incumbent site-based AMTS Station WQA216 do not overlap any of the areas to be partitioned, but
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  • materials to seek disclosure in any separate proceedings; and (c) agree that accidental disclosure of information derived from the Data Sets shall not be deemed a waiver of the privilege. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and 47 C.F.R. §§ 0.91, 0.291, and 0.457(d). FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau ATTACHMENT A DECLARATION In the Matter of 2006 Quadrennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 (MB Dockets No. 06-121, 02-277 and MM Docket Nos. 01-235, 01-317, and 00-244) I, ____________________, hereby declare under
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  • writ of certiorari. 125 S.Ct. 2904 (2005). See 47 C.F.R. § 73.3555, Note 7. See also Review of the Commission's Regulations Governing Television Broadcasting, 14 FCC Rcd 12903, 12935-40 (1999) (``Local Ownership Order''), recon. granted in part, 16 FCC Rcd 1067 (2001). Local Ownership Order, 14 FCC Rcd at 12939. ACME requested confidential treatment for this material pursuant to Sections 0.457 and 0.459(a) of the Commission's rules. As the Local Ownership Order indicated, failing stations "rarely have the resources to provide local news programming, and often struggle to provide significant local programming at all." Local Ownership Order, 14 FCC Rcd at 12939. Local Ownership Order, 14 FCC Rcd at 12939; see also WCNW LLC, 21 FCC Rcd 13522 (MB 2006); KSMO
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  • United States Virgin Islands pursuant to section 214(e)(6) of the Communications Act of 1934, as amended (the Act). Choice also requested that the Commission treat as confidential and withhold from public disclosure Choice's maps identifying its current coverage area, maps illustrating in-progress build-out plans, and maps illustrating proposed build-out plans and text describing each of these phases pursuant to sections 0.457 and 0.459 of the Commission's rules. On April 12, 2005, Innovative Telephone filed an Opposition to Choice's Request for Confidential Treatment, urging the Commission to deny Choice's request for confidential treatment, or in the alternative, releasing the information pursuant to a protective order. We hereby grant Choice's request and adopt this order (Protective Order) to ensure that the confidential and/or
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  • USVI Operations Corp. (Centennial or the Applicant) filed a petition seeking designation as an eligible telecommunications carrier (ETC) in the United States Virgin Islands pursuant to section 214(e)(6) of the Communications Act of 1934, as amended (the Act). Centennial also requested that the Commission treat as confidential and withhold from public disclosure Exhibit D of its petition pursuant to sections 0.457 and 0.459 of the Commission's rules. On June 10, 2005, Innovative Telephone filed an Opposition to Centennial's Request for Confidential Treatment, urging the Commission to deny Centennial's request for confidential treatment, or in the alternative, releasing the information pursuant to a protective order. We hereby grant Centennial's request and adopt this order (Protective Order) to ensure that the confidential and/or
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  • of the sensitive and proprietary nature of certain information provided with these documents, and pursuant to the Freedom of Information Act (``FOIA'') and the Commission's implementing rules, we grant these requests and confidential treatment will be accorded to those portions of the pleadings and letters as requested by the parties. See 5 U.S.C. § 552 et seq.; 47 C.F.R. §§ 0.457, 0.459. The parties submitted redacted copies of their pleadings and letters for inclusion in the Commission's public file. Confidential information is included in the attached Appendix. Mediacom filed a ``Motion for Consideration by Full Commission,'' pursuant to 47 C.F.R. §§ 0.5(c), 0.211, 0. 283(c) and 1.41. Mediacom argues that while retransmission consent matters generally fall within the scope of the
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  • return all such copies to the Commission upon request or no later than six (6) months from the date of release of this Second Protective Order, whichever comes first. Authority. This Second Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and 47 C.F.R. §§ 0.91, 0.291, and 0.457(d). FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau ATTACHMENT A DECLARATION In the Matter of 2006 Quadrennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 (MB Dockets No. 06-121, 02-277 and MM Docket Nos. 01-235, 01-317, and 00-244) I, ____________________, hereby declare under
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Albert M. Lewis Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Petition of Cincinnati Bell Telephone Company LLC (CBT) for Phase I Pricing Flexibility for Special Access, Dedicated Transport
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  • available. III. DISCUSSION Section 0.459 of the Commission's Rules (``Rules'') establishes a procedure by which parties may request that information or materials that they have submitted to the Commission not be routinely available for public inspection. The rule requires that each such request shall contain a statement of the reasons for withholding the materials from inspection as described in Section 0.457 of the Rules, and of the facts upon which those records are based, including in part (1) identification of the specific information for which confidential treatment is requested, (2) an explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged, (3) an explanation of the degree to which the information
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  • 23 F.C.C.R. 2010 (2008)(``2007 Ownership Order''). See 47 C.F.R. § 73.3555, Note 7. See also Review of the Commission's Regulations Governing Television Broadcasting, 14 FCC Rcd 12903, 12935-40 (1999) (``Local Ownership Order''), recon. granted in part, 16 FCC Rcd 1067 (2001). Local Ownership Order, 14 FCC Rcd at 12939. The applicants' requested confidential treatment for this material pursuant to Sections 0.457 and 0.459(a) of the Commission's rules. As the Local Ownership Order indicated, failing stations "rarely have the resources to provide local news programming, and often struggle to provide significant local programming at all." Local Ownership Order, 14 FCC Rcd at 12939. Local Ownership Order, 14 FCC Rcd at 12939; see also WCNW LLC, 21 FCC Rcd 13522 (MB 2006); KSMO
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Albert M. Lewis Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of ) ) Petition of Windstream Kentucky East, LLC ) for Pricing Flexibility ) WCB/Pricing No. 08-17 as Specified
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  • complete a separate questionnaire for each community unit identification (``CUID'') number selected. Data submitted in response to this survey will be made available to the public in aggregate form as averages representing segments of the industry. If individual respondents to the survey wish to request confidential treatment of any data provided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules, they should request such confidentiality in writing and identify clearly the specific information they wish to protect. They also should provide, as required by the rules, a complete explanation of why such treatment is appropriate. This request for confidentiality should be submitted in the same manner as the completed questionnaire, as described in Appendix
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442(d). The Department states in its request that it is its policy to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that the
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  • digital device is ``[a] digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments.'' 47 C.F.R. § 15.3(i). Class B devices are subject to stricter conducted and radiated emission limits than Class A devices. See 47 C.F.R. §§ 15.107 and 15.109. LOI Response at 3. Id. at 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. §§ 0.457 and 0.459, Microboards requested confidential treatment of certain information submitted in its LOI Response, including the specific number of units of the Orbit 3 Disc Duplicator and the MicroOrbit Disc Duplicator sold in the United States, asserting that this information is commercially sensitive and has not been previously disclosed. Microboards asserted
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  • separate questionnaire for each community unit identification (``CUID'') number selected. Data submitted in response to this supplemental survey will be made available to the public in aggregate form only as averages representing segments of the industry. If individual respondents to the survey wish to request confidential treatment of any data provided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules, they should request such confidentiality in writing and identify clearly the specific information they wish to protect. They also should provide, as required by the rules, a complete explanation of why such treatment is appropriate. This request for confidentiality should be submitted in the same manner as the completed questionnaire(s), as described in Appendix
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Albert M. Lewis Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Petition of Hawaiian Telcom, Inc. for Phase I Pricing Flexibility Pursuant to Section 69.709 of the Commission's Rules
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  • these considerations, the Commission will grant AT&T's request for an extension of time and permit Cox to file its Answer on or before October 27, 2008. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i) and (j), Sections 0.457(d) and 76.1003(k) of the Commission's rules, 47 C.F.R. §§ 0.457(d) and 76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption; and We GRANT Cox Enterprises, Inc. and Cox Communications, Inc. an extension until October 27, 2008 to file its Answer to the Complaint filed by AT&T
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  • 23 F.C.C.R. 2010 (2008)(``2007 Ownership Order''). See 47 C.F.R. § 73.3555, Note 7. See also Review of the Commission's Regulations Governing Television Broadcasting, 14 FCC Rcd 12903, 12935-40 (1999) (``Local Ownership Order''), recon. granted in part, 16 FCC Rcd 1067 (2001). Local Ownership Order, 14 FCC Rcd at 12939. The applicants' requested confidential treatment for this material pursuant to Sections 0.457 and 0.459(a) of the Commission's Rules. 47 C.F.R. §73.3555, Note 7(2). Our evaluation of the materials submitted by the applicants in this case included interest expense in the operating cash flow, although it is not technically an ``operating'' expense because it is not directly related to the operation of a television station. Nevertheless, in recognition of certain economic realities that
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  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
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  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
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  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2491A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2491A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2491A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2492A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2492A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2492A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2493A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2494A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2494A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2494A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
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  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2496A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2496A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2497A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2497A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2497A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2498A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2498A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2498A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2499A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2499A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2499A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2500A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2500A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2500A1.txt
  • Proceeding. The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. § 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-270A1.txt
  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Albert M. Lewis Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of ) ) Petition of BellSouth Telecommunications, ) WCB/Pricing No. 08-02 Inc. (BellSouth) for Pricing Flexibility ) Under §
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442(d). The Department states in its request that it is its policy to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that the
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  • protection where it is deemed necessary or to the rights of Reviewing Parties to request further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and Sections 0.457(d) and 12.3(c) of the Commission's rules, 47 C.F.R. §§ 0.457(d), 12.3(c). Further, this Protective Order is adopted pursuant to the authority delegated in Sections 0.392, and 12.3(c) of the Commission's rules, 47 C.F.R. §§ 0.392, 12.3. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Acting Bureau Chief Public Safety and Homeland Security Bureau APPENDIX A Declaration of Confidentiality Reports Submitted Pursuant to
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  • Section 73.3539 of the Rules and Section 301 of the Act. However, given Licensee's history of compliance with the Rules, we reduce the forfeiture amount to $1,200. ORDERING CLAUSES Accordingly, IT IS ORDERED, that WLVV, Inc.'s request for confidentiality IS GRANTED, and that the financial documents submitted with its response to the NAL SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457 and 0.459 of the Commission's Rules. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.283 and 1.80 of the Commission's Rules, that WLVV, Inc., SHALL FORFEIT the sum of one thousand two hundred dollars ($1,200) to the United States for willfully and repeatedly violating Section 73.3539 of the Commission's Rules
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  • AT&T petition. On March 16, 2009, in an ex parte presentation, TCC presented to the Commission information regarding the details of TCC's rate to terminate traffic for its competitor in Tonga, Digicel, as well as details regarding TCC's and Digicel's universal service obligations in Tonga. TCC voluntarily submitted this information subject to a request for confidential treatment pursuant to sections 0.457 and 0.459 of the Commission's rules. The information was provided at the request of the International Bureau staff, made in a March 11, 2009 ex parte meeting with TCC's counsel on the AT&T petition. On March 20, 2009, AT&T requested that the Commission provide access to the information redacted from the publicly filed version of TCC's March 16, 2009 ex
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1326A1_Rcd.pdf
  • opposed the AT&T petition.10On March 16, 2009, in an ex parte presentation, TCC presented to the Commission information regarding the details of TCC's rate to terminate traffic for its competitor in Tonga, Digicel, as well as details regarding TCC's and Digicel's universal service obligations in Tonga.11 TCC voluntarilysubmitted this information subject to a request for confidential treatment pursuant to sections 0.457 and 0.459 of the Commission's rules.12The information was provided at the request of the International Bureau (...continued from previous page) foreign monopolists to undermine U.S. law, injure U.S. carriers or disadvantage U.S. consumers."); Sprint Communications Company, L.P., Request for Modification of the International Settlements Policy to Change the Accounting Rate for Switched Voice Service with Mexico, Memorandum, Opinion and Order,
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442(d). The Department states in its request that it is its policy to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that the
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  • Order. Accordingly, the Commission will grant AT&T's request for an extension of time and permit Cablevision to file its Answer on or before September 17, 2009. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i) and (j), Sections 0.457(d) and 76.1003(k) of the Commission's rules, 47 C.F.R. §§ 0.457(d) and 76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption; and We GRANT Madison Square Garden, L.P. and Cablevision Systems Corp. an extension until September 17, 2009 to file its Answer to the Complaint filed by
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  • the LMA with the Commission, as required by Section 73.3613 of the Rules. See id. at 11). See also Letter from Gregory L. Masters, Esq., counsel for D.B. Zwirn & Co., L.P., D.B. Zwirn Special Opportunities Fund, L.P., Bernard Radio LLC, and Straight Way Radio, LLC, to Marlene H. Dortch, Secretary, Federal Communications Commission, dated October 6, 2008. Citing Sections 0.457(d), 0.457(f), 0.457(g)(1)-(2), and 0.459(b) of the Rules, Zwirn requested confidential treatment of its LOI responses; the Bureau has not yet ruled on the request. Notwithstanding the foregoing, the Bureau retains its authority to investigate the conduct of Dr. Glenn Cherry, Board of Directors member and former President/CEO of Tama, and of Charles W. Cherry II, Board of Directors member and
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  • - FCC - See Letter to Dana Shaffer, Chief, WCB, from David M. Friedman, Vice Commissioner, WC Docket No. 09-15 (filed February 11, 2009) (BLS Letter). Instructions to Telecommunications Reporting Worksheet, FCC Revised Form 499-A, http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf, at 1 (2008) (Form 499-A Worksheet). See Form 499-A Worksheet, at line 605. 44 U.S.C. § 3510. 5 U.S.C. § 552; 47 C.F.R. § 0.457(d), 0.459(d). 47 C.F.R. § 0.442(a) (``The acceptance [by the Commission] of materials in confidence under § 0.457 or § 0.459 does not provide assurance against their disclosure to other agencies.''); see also 47 C.F.R. § 0.442(d). BLS Letter. Id. BLS Letter. CIPSEA is reproduced at 44 USC 3501 note. Id. (citing www.bls.gov/ppi). Id. BLS Letter. Id. See 47 C.F.R. §
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  • In the Matter of Numbering Resource Optimization, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 7574, 7578-79 para. 5 (2000). Id. at 7607, para. 78. Letter to Steven VanRoekel, Managing Director, Federal Communications Commission, from Mark Goldstein, Director, Physical Infrastructure, Government Accountability Office, dated October 14, 2009. See 47 C.F.R. § 0.442(d)(3). See 47 C.F.R. §§ 0.457, 0.459. . PUBLIC NOTICE PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ‰ Š ‹ ‹ ÿ‰PNG r v ‡ƒ"rÕ9 I'6› Ãd³Y›Í†aX Ëåò; Wh� ðX,†aXÞÌÐy¹]\\.W`hÊööva6l! �v"]­VßatÿãäääåË-``````°"m(c)x<ž¼G¼<æææž={-N§•J%tŒ<==
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  • ``lead to a greater level of compliance . . . and will give providers confidence that protectible data will not be published in our regular reports.'' 2000 Data Gathering Order, 15 FCC Rcd at 7759, para. 90. See 2004 Data Gathering Order, 19 FCC Rcd at 22352, para. 24. 44 U.S.C. § 3510. 5 U.S.C. § 552; 47 C.F.R. § 0.457(d), 0.459(d). 47 C.F.R. § 0.442(a) (``The acceptance [by the Commission] of materials in confidence under § 0.457 or § 0.459 does not provide assurance against their disclosure to other agencies.''); see also 47 C.F.R. § 0.442(d). American Recovery and Reinvestment Act of 2009 (Recovery Act), § 6001, Pub. L. No. 111-5, 123 Stat. 115 (2009). Notice of Funds Availability and
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  • No. CSR-8001-P - February 20, 2009 NFL Enterprises v. Comcast, File No. CSR-7876-P - February 27, 2009 This Order is issued pursuant to Sections 4(i), 4(j) and 616 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j) and 536, and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and 47 C.F.R. §§ 0.457(d), 76.7, and 76.1300-1302, and authority delegated under Section 0.283 of the Commission's rules, 47 C.F.R. § 0.283. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau APPENDIX A Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Time Warner Cable Inc. Defendant Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Bright
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  • FCC Rcd 2010 (2008)(``2007 Ownership Order''). See 47 C.F.R. § 73.3555, Note 7. See also Review of the Commission's Regulations Governing Television Broadcasting, 14 FCC Rcd 12903, 12935-40 (1999) (``Local Ownership Order''), recon. granted in part, 16 FCC Rcd 1067 (2001). Local Ownership Order, 14 FCC Rcd at 12939. The applicants' requested confidential treatment for this material pursuant to Sections 0.457 and 0.459(a) of the Commission's Rules. 47 C.F.R. §73.3555, Note 7(2). Our evaluation of the materials submitted by the applicants in this case included interest expense in the operating cash flow, although it is not technically an ``operating'' expense because it is not directly related to the operation of a television station. Nevertheless, in recognition of certain economic realities that
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request, 47 C.F.R. § 0.442(d). The Department states in its request that it is its policy to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that the
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  • the terms of the Protective Order and each person that accesses this confidential information must sign the Declaration attached in the Appendix, and follow the procedures set forth therein. III. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the attached Protective Order pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's Rules, 47 C.F.R. §§ 0.457(d), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau APPENDIX PROTECTIVE ORDER 1. This Protective
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  • cable operator should complete a separate questionnaire for each community unit identification (``CUID'') number selected. Data submitted in response to this survey will be made available to the public in aggregate form as averages representing segments of the industry. If individual respondents wish to request confidential treatment of any data provided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules, they should request such confidentiality in writing and identify clearly the specific information they wish to protect. They also should provide, as required by the rules, a complete explanation of why such treatment is appropriate. This request for confidentiality should be sent to the cable price survey team in an e-mail addressed to cablesurvey@fcc.gov.
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  • forth in Section 73.622(e) of the Commission's Rules describing the DTV noise-limited service contour.''). Id. 47 C.F.R. § 73.3555 Note 7. Review of the Commission's Regulations Governing Television Broadcasting, 14 FCC Rcd 12903 (1999)(``Local Ownership Order''), recon. granted in part, 16 FCC Rcd 1067 (2001). Id. at 1076. Id. The applicants requested confidential treatment for this material pursuant to Sections 0.457(d) and 0.459(a)(b) of the Commission's rules. My Texas TV broadcasts regional sports, entertainment and news programming. Federal Communications Commission Washington, D.C. 20554 Õ Ö D E E y z E
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  • be presumed to be confidential'' and that public access to outage reports may be sought only pursuant to the procedures set forth in Section 0.461 of the Rules which addresses requests for inspection of materials not routinely available for public inspection. 47 C.F.R. § 4.2; see also 47 C.F.R. 0.461. On March 30, 2009, the Commission added a new Section 0.457(d)(1)(vii) of the Rules, 47 C.F.R. § 0.457(d)(1)(vii), to further codify the confidential treatment of network outage reporting. This new Section became effective on April 29, 2009. See 74 FR 14,078 (March 30, 2009). Section 312(f)(1) of the Act defines ``willful'' as ``the conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate'' the law. 47
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  • from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Kathleen Grillo, Vice President, Federal Regulatory, Verizon (January 4, 2010). See Letter from Mark J. Montano, Assistant General Counsel, Verizon to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (February 3, 2010). Verizon requested its Response and associated documents be accorded confidential treatment. Pursuant to 47 C.F.R. § 0.457(d)(vi), Verizon's outage report is not routinely available for public inspection. Pursuant to 47 C.F.R. § 0.459(d)(3), we will accord the other materials confidential treatment until any request for inspection is made, and will rule on Verizon's request at that time. ``Willful'' is defined as the ``the conscious and deliberate commission or omission of [any] act, irrespective of any intent to
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  • the burdens faced by responding cable operators should be limited, as the information requested is of the type that should be readily available to operators. Suggestions for reducing the burden may be sent to the Commission. For further information, see the notice contained in Appendix A of this Order regarding the Privacy Act and Paperwork Reduction Act. 47 C.F.R. §§ 0.457, 0.459. (...continued from previous page) (continued....) Federal Communications Commission DA 10-1791 Federal Communications Commission DA 10-1791 Û � @& € € € € € € € € € ? S t" žTru Macros" Remand(), "ject. W' ?!'?!?!?!teQ ` á.E c‹�À á.E ID="{27506AE9-E1F7-41BF-921A-AB80734210F6}" Document=ThisDocument/&H00000000 Module=NewMacros Name="TemplateProject" HelpContextID="0" VersionCompatible32="393222000" CMG="E9EB2DAB31AB31AB31AB31" DPB="7775B3B7CFCB5CCC5CCC5C" GC="0507C145C1D2C2D2C22D" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1791A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1791A2.txt
  • any cable system, the cable operator should complete a separate questionnaire for eachcommunity unit identification("CUID") number selected. 5. Data submitted in response tothis survey will be made available to the public in aggregate formas averages representing segments of the industry. If individual respondents wish to request confidential treatment of any dataprovided in connection with this survey, in accordance with Sections 0.457 and 0.459 of the Commission's rules,5they shouldrequest such confidentiality in writing andidentify clearly the specific information they wish to protect. They also should provide, as required by the rules, a complete explanation of why such treatment is appropriate. This request for confidentiality should be sent to the cable price survey team in ane-mail addressed to cablesurvey@fcc.gov. Whether or not any
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  • stating: ``REDACTED - FOR PUBLIC INSPECTION'', and the cover letter should also state that the Submitting Party is filing an unredacted version of the same documents. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i) and (j), Sections 0.457(d) and 76.1003(k) of the Commission's rules, 47 C.F.R. §§ 0.457(d) and 76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Nancy Murphy APPENDIX A In the Matter of
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Albert M. Lewis Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of Petition of ACS of Anchorage, Inc., ACS of Alaska, Inc., and ACS of Fairbanks, Inc. for Phase II
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  • permit Complainants to file their Reply within fifteen (15) days from the date on which the highly confidential materials are delivered to Complainants' counsel. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i), 4(j), and 628 of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 548, Sections 0.457(d) and 76.1003(k) of the Commission's rules, 47 C.F.R. §§ 0.457(d) and 76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption; and We GRANT Complainants an extension until fifteen (15) days from the date on which the highly confidential materials are delivered to Complainants' counsel to file
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  • if interference occurs to a satellite operator's customer in accordance with a coordination arrangement that the satellite operator has reached with the MSS/ATC operator. With respect to the Objectors' request for access to the SkyTerra/Inmarsat Coordination Arrangement, we note that such materials are considered to be ``not routinely available for public inspection'' under the Commission's rules. See 47 C.F.R. § 0.457(d)(1)(vii). Accordingly, we decline to grant access to confidential documents based on informal requests in the Objectors' pleadings. 47 C.F.R. § 25.253(c)(1). See also Footnotes US 308 and US 315 to the Table of Frequency Allocations in 47 C.F.R. § 2.106. 2004 ATC Authorization Order at ¶ 37. The priority and preemptive access requirements are set forth in Footnotes US308 and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-534A1_Rcd.pdf
  • is applicable if interference occurs to a satellite operator's customer in accordance with a coordination arrangement that the satellite operator has reached with the MSS/ATC operator. With respect to the Objectors' request for access to the SkyTerra/Inmarsat CoordinationArrangement, we note that such materials are considered to be "not routinely available for public inspection" under the Commission's rules. See47 C.F.R. § 0.457(d)(1)(vii). Accordingly, we decline to grant access to confidential documents based on informal requests in the Objectors' pleadings. 8047 C.F.R. § 25.253(c)(1). See also Footnotes US 308 and US 315 to the Table of Frequency Allocations in 47 C.F.R. § 2.106. 812004 ATC Authorization Order at ¶ 37. The priority and preemptive access requirements are set forth in Footnotes US308 and
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  • parties from voluntarily disclosing violations of the Act or Rules). See Discussion Radio, Inc., Memorandum Opinion and Order, 19 FCC Rcd 7433, 7441 (2004). See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7 FCC Rcd 2088, 2089 (1992) (``PJB Communications''). Id. Licensee has asked for confidential treatment of all of its financial statements pursuant to 47 C.F.R. §§ 0.457 and 0.459. The forfeiture amount in this case is well within the range of percentage of violator's gross revenues in prior cases. See PJB Communications, 7 FCC Rcd at 2089 (forfeiture not deemed excessive where it represented approximately 2.02 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640, 8641 (EB 2002) (forfeiture
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  • stating: ``REDACTED - FOR PUBLIC INSPECTION'', and the cover letter should also state that the Submitting Party is filing an unredacted version of the same documents. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i) and (j), Sections 0.457(d) and 76.1003(k) of the Commission's rules, 47 C.F.R. §§ 0.457(d) and 76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau APPENDIX A
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request pursuant to 47 C.F.R. § 0.442(d). The Department states in its request that its policy is to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that
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  • the Commission's rules. For further information, please contact Gary Seigel, Telecommunications Access Policy Division, Wireline Competition Bureau at 202-418-7400 or TTY 202-418-0484. - FCC - See 47 C.F.R. §§ 54.721 and 54.722; Request for Review by PR Wireless, Inc. of Decision of Universal Service Administrator, WC Docket No. 05-337 (filed Apr. 5, 2010). PR Wireless has requested, pursuant to sections 0.457 and 0.459 of the Commission's rules, that certain financial data be treated as confidential and be withheld from public inspection. See Letter from David A LaFuria, Counsel for PR Wireless, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 05-337 (filed Apr. 5, 2010); 47 C.F.R. §§ 0.457 and 0.459. See Electronic Filing of Documents in Rulemaking Proceedings,
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  • Kenneth Carroll, EchoStar Supplement at Attachment B. Hughes Network Systems, LLC's Response to Commission Request for Update on Implementation Progress for Its Jupiter Ka-Band FSS Satellite at 107.1 W.L. (filed May 29, 2011) (``Hughes Supplement''). Hughes filed both a public (redacted) and an unredacted version of this response, subject to a request for confidential treatment pursuant to 47 C.F.R. §§ 0.457 and 0.459. As an attachment to its Supplement, EchoStar included a Declaration by the Senior Vice President, General Counsel and Secretary of Hughes Network Systems, LLC confirming the current construction status of Jupiter 1 and anticipated launch during the first half of 2012. EchoStar Supplement, Attachment A. Hughes Supplement at 1, Attachment 1 (confidentiality requested). Hughes Supplement, Attachment 2 (confidentiality
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1015A1_Rcd.pdf
  • of Kenneth Carroll, EchoStar Supplement at Attachment B. 52Hughes Network Systems, LLC's Response to Commission Request for Update on Implementation Progress for Its Jupiter Ka-Band FSS Satellite at 107.1 W.L. (filed May 29, 2011) ("Hughes Supplement"). Hughes filed both a public (redacted) and an unredacted version of this response, subject to a requestfor confidential treatment pursuant to 47 C.F.R. §§ 0.457 and 0.459. As an attachment to its Supplement, EchoStar included a Declaration by the Senior Vice President, General Counsel and Secretary of Hughes Network Systems, LLC confirming the current construction status of Jupiter 1 and anticipated launch during the first half of 2012. EchoStar Supplement, Attachment A. 53Hughes Supplement at 1, Attachment 1 (confidentiality requested). 54Hughes Supplement, Attachment 2 (confidentiality
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  • materials to seek disclosure in any separate proceedings; and (c) agree that accidental disclosure of information derived from the Data Sets shall not be deemed a waiver of the privilege. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and 47 C.F.R. §§ 0.91, 0.291, and 0.457(d). FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau ATTACHMENT A DECLARATION In the Matter of 2010 Quadrennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 (MB Docket No. 09-182) I, ____________________, hereby declare under penalty of perjury that I have read the Protective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1182A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1182A2.txt
  • untruthful information contained in section 43.62 reports may lead to prosecution under section 220(e) of the Communications Act12 or the criminal provisions of Title 18 of the United States Code.13 N. Public Availability of Filed Information 35. The following information filed under section 43.62 is treated by the Commission as not routinely available for public inspection, as provided under section 0.457(d)(1)(viii) of the Commission's rules, 47 C.F.R. § 0.457(d)(1)(viii): Minutes Completed on Foreign Fixed-Line Networks ­ Schedule 1 of the Traffic and Revenue Report, column (b), all rows except regional and world totals; Minutes Completed on Foreign Mobile Networks ­ Schedule 1 of the Traffic and Revenue Report, column (c), all rows except regional and world totals; Settlement Payouts for Call
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1182A2_Rcd.pdf
  • untruthful information contained in section 43.62 reports may lead to prosecution under section 220(e) of the Communications Act12 or the criminal provisions of Title 18 of the United States Code.13 N. Public Availability of Filed Information 35. The following information filed under section 43.62 is treated by the Commission as not routinely available for public inspection, as provided under section 0.457(d)(1)(viii) of the Commission's rules, 47 C.F.R. § 0.457(d)(1)(viii): xMinutes Completed on Foreign Fixed-Line Networks ­ Schedule 1 of the Traffic and Revenue Report, column (b), all rows except regional and world totals; xMinutes Completed on Foreign Mobile Networks ­ Schedule 1 of the Traffic and Revenue Report, column (c), all rows except regional and world totals; xSettlement Payouts for Call
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  • - FOR PUBLIC INSPECTION,'' and the cover letter should also state that the Submitting Party is filing an unredacted version of the same documents. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and (j), Sections 0.457(d) and 76.1003(k) of the Commission's rules, 47 C.F.R. §§ 0.457(d) and 76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau APPENDIX A
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  • the burdens faced by responding cable operators should be limited, as the information requested is of the type that should be readily available to operators. Suggestions for reducing the burden may be sent to the Commission. For further information, see the notice contained in Appendix A of this Order regarding the Privacy Act and Paperwork Reduction Act. 47 C.F.R. §§ 0.457, 0.459. (...continued from previous page) (continued....) Federal Communications Commission DA 11-1276 Federal Communications Commission DA 11-1276 Ô Õ Õ � @& à t" žTru Macros" Remand(), "ject. W' ?!'?!?!?!teQ ` á.E ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ c‹�À á.E ID="{AD64FBA7-1B5A-4E75-A969-BC7F0050E5E5}" Document=ThisDocument/&H00000000 Module=NewMacros Name="TemplateProject" HelpContextID="0" VersionCompatible32="393222000" CMG="46444BF54B3DEB41EB41EB41EB41" DPB="EAE8E7518A528A528A" GC="8E8C833D834526462646D9" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000
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  • ``Petition''). DSNP and Armstrong are collectively the ``Parties.'' See Applications for Consent to the Assignment and/or Transfer of Control of Licenses, News Corporation. and The DIRECTV Group, Inc., Transferors, to Liberty Media Corporation., Transferee, Memorandum Opinion and Order, 23 FCC Rcd 3265, 3346 (2008), Appendix B, Condition IV, § A ``Commercial Arbitration Remedy'' (``Liberty Media Order''). See 47 C.F.R. § 0.457(d)(iv) (listing ``programming contracts between programmers and multichannel video programming distributors'' as material not routinely available for public inspection under the Freedom of Information Act (``FOIA'')). Indeed, in adopting the Liberty Media Order arbitration conditions, the Commission specifically contemplated that these arbitrations would involve commercially sensitive material and that arbitrators would have to produce both a confidential and a redacted version
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  • stating: ``REDACTED - FOR PUBLIC INSPECTION'', and the cover letter should also state that the Submitting Party is filing an unredacted version of the same documents. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau APPENDIX A In the Matter of
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  • records in its files to the public that originate in another agency and that it will refer any such requests to the originating agency. Commission regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act, 5 U.S.C. § 552. 47 C.F.R. § 0.457(d), 0.459(d). Consistent with our regulations and the cable operators' expectations that identification of the sources of particular data will be protected, we have requested that GAO not disclose the sources of particular data collected by the Commission in the cable price survey or the cable television system report. Our regulations permit disclosure of records submitted to the Commission in confidence
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  • 477 Instructions). See Local Competition and Broadband Reporting, CC Docket No. 99-301, Report and Order, 15 FCC Rcd 7717, 7759, at para. 90 (2000) (2000 Data Gathering Order); Local Telephone Competition and Broadband Reporting, Report and Order, WC Docket No. 04-141, 19 FCC Rcd 22340, 22352, at para. 24 n.56 (2004); Form 477 Instructions at 19. See 47 C.F.R. § 0.457(d), 0.459(d); 5 U.S.C. § 552. 44 U.S.C. § 3510. See generally 47 C.F.R. § 0.442. 47 C.F.R. § 0.442(b). See also 47 C.F.R. § 0.442(a) (``The acceptance [by the Commission] of materials in confidence under § 0.457 or § 0.459, or any other statute, rule or Commission order, does not preclude their disclosure to other agencies.''). The Privacy Act is
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request pursuant to 47 C.F.R. § 0.442(d). The Department states in its request that its policy is to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that
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  • letter stating ``REDACTED - FOR PUBLIC INSPECTION'' and the cover letter should also state that the Submitting Party is filing an unredacted version of the same document(s). IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE, the Protective Order attached at Appendix A pursuant to Section 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C., §§ 154 (i)(j), Sections 0.457(d) and 0.459 of the Commission's Rules, 47 C.F.R. §§ 0.457 and 0.459. The attached Protective Order is effective upon its adoption. This action is taken pursuant to delegated authority by Section 0.283 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION _________________________________ Barbara A. Kreisman Chief, Video Division Media Bureau APPENDIX A Before the Federal Communications Commission Washington, D.C. 20554 In the
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  • Tf (6) Tj 1 0 0 1 81.35 92.899 Tm 98 Tz /OPBaseFont2 10 Tf (U.S.C. §) Tj 1 0 0 1 119 93.149 Tm 93 Tz /OPBaseFont4 10 Tf (552;) Tj 1 0 0 1 138.95 93.149 Tm 98 Tz /OPBaseFont2 10 Tf (47 C.F.R. §) Tj 1 0 0 1 193.4 92.899 Tm 99 Tz /OPBaseFont4 10 Tf (0.457\(d\), 0.459\(d\).) Tj ET endstream endobj 24 0 obj 4907 endobj 19 0 obj << /Dest [ 18 0 R /XYZ 0 792 null ] /Next 27 0 R /Parent 4 0 R /Prev 5 0 R /Title (page 2) >> endobj 28 0 obj << /BitsPerComponent 1 /ColorSpace /DeviceGray /DecodeParms << /Columns 2550 /K -1 >> /Filter /CCITTFaxDecode /Height 3300
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Victoria S. Goldberg Acting Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of ) ) Petition of Pacific Bell Telephone Company ) for Pricing Flexibility ) WCB/Pricing No. 12-04 under
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Victoria S. Goldberg Acting Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of ) ) Petition of Southwestern Bell ) Telephone Company ) for Pricing Flexibility ) WCB/Pricing File No.
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  • Reviewing Parties to request further or renewed disclosure of Confidential Information. 23. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 24. Authority. This Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act, as amended, section 0.457(d) of the Commission's rules, and through the authority delegated pursuant to sections 0.91 and 0.291 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Victoria S. Goldberg Acting Chief, Pricing Policy Division Wireline Competition Bureau Attachment A to Protective Order DECLARATION In the Matter of ) ) Petition of Windstream Nebraska, Inc., ) Windstream Sugarland, Inc., ) Valor Telecommunications of Texas, LP
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  • Request in Special Access NPRM, Public Notice, 26 FCC Rcd 14000 (2011) (Competition Data Request Public Notice). See Second Protective Order, 25 FCC Rcd at para. 6. See Supplement to the Second Protective Order, supra note 2. This procedure is also consistent with Commission rules governing the confidentiality of trade secrets and commercial or financial information. See 47 C.F.R. § 0.457(d)(2) (``Unless the materials to be submitted are listed in paragraph (d)(1) of this section and the protection thereby afforded is adequate, any person who submits materials which he or she wishes withheld from public inspection under 5 U.S.C. §552(b)(4) must submit a request for non-disclosure pursuant to § 0.459.'') Level 3 and Sprint noted that, based on a discussion with
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  • to the unlawful disclosure of information apply to the employees of the agency to which the information is released. Although the Commission's regulations provide that proprietary and commercially sensitive information will be withheld from public disclosure, subject to the public's right to seek disclosure under the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d), 0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the Commission in confidence upon another agency's request pursuant to 47 C.F.R. § 0.442(d). The Department states in its request that its policy is to protect the confidentiality of sensitive information and to prevent it from being shared among competitors. The Department further states that
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  • amended, requesting that the Commission forbear from ``dominant carrier regulation and the Computer Inquiry tariffing requirement with respect to its packet-switched and optical transmission services'' for those services subject to the regulations. On March 6, 2012, the Wireline Competition Bureau (Bureau) sought comment on CenturyLink's petition. CenturyLink requested confidential treatment of certain information contained in its petition, pursuant to sections 0.457 and 0.459 of the Commission's rules. The Commission anticipates that it may seek and receive additional documents in this proceeding from CenturyLink and others (each a Submitting Party) that contain proprietary or confidential information, and that, therefore, such documents, as well as the confidential information in the petition, should be made available pursuant to a Protective Order. Consequently, the Bureau
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  • ``REDACTED - FOR PUBLIC INSPECTION,'' and the cover letter should also state that the Submitting Party is filing an unredacted version of such documents. IV. ORDERING CLAUSES Accordingly, we ADOPT AND ISSUE the Protective Order attached at Appendix A pursuant to Sections 4(i), 4(j), and 628 of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 548, Sections 0.457(d) and 76.1003(k) of the Commission's rules, 47 C.F.R. §§ 0.457(d) and 76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau APPENDIX A
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  • the burdens faced by responding cable operators should be limited, as the information requested is of the type that should be readily available to operators. Suggestions for reducing the burden may be sent to the Commission. For further information, see the notice contained in Appendix A of this Order regarding the Privacy Act and Paperwork Reduction Act. 47 C.F.R. §§ 0.457, 0.459. (...continued from previous page) (continued....) Federal Communications Commission DA 12-830 Federal Communications Commission DA 12-830 Ç È È È ù ù È ¸ à ô ¸ õ ¸ õ
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  • renewed disclosure of Confidential Information. 17. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 18. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§154(i), (j), and 47 C.F.R. §0.457(d). Attachment A to Standard Protective Order DECLARATION In the Matter of Material to be Filed in Support of 2012 Annual Access Tariff Filings ) ) ) ) WCB/Pricing File No. 12-08 I, ____________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree
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  • On March 1, 1999, the International Bureau issued a Public Notice establishing a schedule for supplemental comments in connection with the above-captioned application to obtain a cable landing license for the Japan-U.S. Cable Network.1 One of the parties to that proceeding, Global Crossing Ltd. ("Global Crossing"), submitted documents with its comments accompanied by a request for confidential treatment under Sections 0.457 and 0.459 of the Commission's Rules, 47 C.F.R. §§ 0.457, 0.459.2 In its request for confidential treatment, Global Crossing asserted that these documents contain confidential, proprietary, and commercially sensitive information, and asked the Bureau to enter a protective order to govern the use of confidential documents in this proceeding and the conditions under which they will be made available to
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  • must be disposed of before entering the building. Overnight Delivery Service: If filed by overnight delivery service other than U.S. Postal Service Express and Priority Mail, filings must be received at the Commission's headquarters at 445 12th Street, S.W., Washington, D.C. 20024. The Commission will divert those deliveries to the Capitol Heights facility. Documents filed under seal pursuant to section 0.457 or 0.459 of the Commission's rules should be submitted by hand delivery or overnight delivery service other than U.S. Postal Service Express and Priority Mail to ensure confidential treatment under those rules. Until further notice, parties filing Covered Pleadings electronically (either via electronic mail or facsimile) in accordance with the procedures set forth herein will not be required to file
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  • of (presently certified) equipment" filing, 47 CFR, Section 2.933 and shall be accompanied by the requisite exhibits and fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information in an application for equipment authorization from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d) of the rules. A request for confidentiality submitted at the same time as a request for a grant of equipment authorization must include the required $150.00 fee, in addition to the requisite fee for the request for Certification. 4/ A Class III permissive change, 47 CFR, Section 2.1043, includes modifications to the software of a software defined radio (SDR) transmitter
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  • is substantially lower than last year's total due to a decrease in non-reporting carriers (those with no active or idle circuits). See Annual International Circuit Status (and Addition) Reports Due on March 31, Public Notice, DA 02-550 (rel. March 7, 2002). A joint venture of AT&T and British Telecommunications, plc. 5 U.S.C § 552. See also 47 C.F.R. § § 0.457, 0.459. . Terrestrial circuits include circuits carried by both microwave facilities and by terrestrial cables. Terrestrial circuits do not include circuits carried by undersea cables. We received several carriers' revisions to their 1999 and 2000 data after we released our 2000 report. All 1999 and 2000's data presented in this report have been revised to incorporate those changes. We note
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  • circuits as of December 31. The number of reporting carriers, therefore, is lower than previous year's total due to a decrease in non-reporting carriers (those with no active or idle circuits). See Annual International Circuit Status (and Addition) Reports Due on March 31, Public Notice, DA 02-550 (rel. March 7, 2002) 5 U.S.C § 552. See also 47 C.F.R. §§ 0.457, 0.459. . Terrestrial circuits include circuits carried both by microwave facilities and by terrestrial cables. Terrestrial circuits do not include circuits carried by undersea cables. There are some big swings in reported capacity usage from last year's reported circuits for some countries. We have verified that those changes are real changes in capacity and are not caused by input errors.
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  • certified) equipment" filing, 47 CFR, Section 2.933 and shall be accompanied by the requisite exhibits and fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information within an application for equipment authorization (Form 731) from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d). The confidentiality request should be uploaded into the application as a Cover Letter exhibit. For a composite device, the confidentiality payment is required only once. The single confidentiality payment will apply to the confidentially requests for all portions of the same composite device filed at the same time. 4/ A Class III permissive change, 47 CFR, Section 2.1043, includes modifications
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  • use for IMTS that was significantly lower than for private lines and other data services. However, three top 30 destinations, Italy,9 Belgium, and Spain reported larger capacity use for IMTS than for private lines and other data services. Due to technological changes, more and more services are being placed on 6 5 U.S.C § 552. See also 47 C.F.R. §§ 0.457, 0.459. 7 Although this report excludes 1995 ­ 1999 data, that information is available in our previous reports, which are available on the FCC website http://www.fcc.gov/ib/pd/pf/csmanual.html. 8 Terrestrial circuits include circuits carried both by microwave facilities and by terrestrial cables. Terrestrial circuits do not include circuits carried by undersea cables. 9 There is very little non-IMTS capacity reported to Italy.
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  • certified) equipment" filing, 47 CFR, Section 2.933 and shall be accompanied by the requisite exhibits and fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information within an application for equipment authorization (Form 731) from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d). The confidentiality request should be uploaded into the application as a Cover Letter exhibit. For a composite device, the confidentiality payment is required only once. The single confidentiality payment will apply to the confidentially requests for all portions of the same composite device filed at the same time. 4/ A Class III permissive change, 47 CFR, Section 2.1043, includes modifications
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  • 703.905.2820 www.wileyrein.com October 15,2007 OCT 1 52607 Federal Communications Commissiofl Office of the Secretary Jennifer Hindin 202.719.4975 jhindln@wileyrein.com Ms. Marlene H. Dortch, Secretary Federal Communications Commission Washington, D.C. 20554 445 12th street, S.W. Re: Iridium Constellation LLC, 1.6/2.4 GHz Mobile Satellite System License, Call Sign S2 1 10, Section 25.143(e) Annual Report and Request for Confidential Treatment Pursuant to Sections 0.457 and 0.459 Dear Ms. Dortch: Comsion .. 's da--- - - - ___ 47 C.F.R. 6 25.143(e), Iridium Constellation LLC ("Iridium"), by its attorneys, hereby notifies the Commission that a confidential annual report regarding the status of the Iridium 1.6/2.4 GHz Mobile Satellite Services system as of September 30, 2007 ("Annual Report") has been submitted to Helen Domenici, Chief of
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  • certified) equipment" filing, 47 CFR, Section 2.933 and shall be accompanied by the requisite exhibits and fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information within an application for equipment authorization (Form 731) from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d). The confidentiality request should be uploaded into the application as a Cover Letter exhibit. For a composite device, the confidentiality payment is required only once. The single confidentiality payment will apply to the confidentially requests for all portions of the same composite device filed at the same time. 4/ A Class III permissive change, 47 CFR, Section 2.1043, includes modifications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281787A1.pdf
  • the studies in the rulemaking record, the Commission has redacted parts of individual pages, otherwise relying on those pages. In responding to the League's FOIA request, the Commission stated that "certain portions of [these] presentations have been redacted, as they represent preliminary or partial results or staff opinions that were part of the deliberative process, exempt from disclosure under Section 0.457(e) of the Commission's rules and Section 552(b)(5) of the FOIA." Letter from Edmond Thomas, Chief, FCC Ofc. of Eng'g & Tech., to Christopher Imlay, Gen. Counsel, Am. Radio Relay League (Jan. 4, 2005). Upon reconsideration, the Commission reaffirmed that "the redacted portions . . . referred to internal communications that were not relied upon in the decision making process," while
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  • text/plain Content-Transfer-Encoding: 8bit ORIGINAL Before the FEDERAL COh/lMUNlCATlONS COMMIS SlON Washington, DC 20554 Intelsat North America LLC, PaIIAmSat Licensee Corp., and PailAniSat H-2 Licensee Corp. Annual Satellite Status Report FILED/ACCEPTED 1 1 JUN 3 0 2008 REQUEST FOR COn'FIDENTId4L TREA4TMENT Intejsat Noi-th America LLC? PanAniSat Licensee Corp. and PailAniSat H-2 Licensee COI-p. (collectively, "Intelsat") respectfully request that: pursuaiit to Sections 0.457 and 0.459 of the Colnlnjssjon's Rules: the Commission wj~lihold from public inspection and accord co~ifjde~1tia] tl-eatlnent to portions of the enclosed Aixiual Satellite Status Report ("Report").' Specifjcally, Intelsat requests confidential treatment of Part 2 of the Report, which contains uns&edu] ed transponder out age infonn at i on, Part 3, which con t aim transponder utilization tables for a]] in-ohit
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  • contained in the Attachments could result in substantial competitive harm to Telesat and its subsidiaries. For example, disclosure of this information could assist competitors in preparing market strategies. Telesat is simultaneously filing, under seal, an original, unredacted version of this Report that contains Attachments A, B, and C. Pursuant to 5 U.S.C. 5 552 (b)(4) and 47 C.F.R. 8 5 0.457 and 0.459, Skynet requests that these attachments be exempted from Freedom of Information Act disclosure requirements and withheld from public inspection. Please contact me if you have any questions. Respectfully submitted, ' Skynet Satellite Corporation is a wholly owned subsidiary of Telesat Canada Tel: 908-470-2350 Fax: 908-470-2453 e-mail gwazeter @ telesat.com Confidential Treatment of Attachments Requested Skynet Satellite Corporation ANNUAL
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  • June 30,2008 RECEIVED - FCC JW 36 2008 CONFIDENTIAL, NOT FOR PUBLIC INSPECTION VIA OVERNIGHT COURIER Federal Communications Commission Columbia Operations Center 9200 Farmhouse Lane Columbia, Maryland 2 1046 Re: ORBCOMM License Corp. FCC Call Sign S2103 Annual NVNG MSS Licensee Report 47 C.F.R. §25.142(c) REQUEST TO WITHOLD ATTACHED CONFIDENTIAL COMMERCIALLY SENSITIVE MATERIALS FROM PUBLIC INSPECTION - 47 C.F.R. 55 0.457(d) & 0.459 Dear Sir or Madam: Pursuant to Section 25.142(c) of the Commission's Rules, ORBCOMM License Corp. ("ORBCOMM"), hereby submits the attached Annual Report on the state of the ORBCOMM Non-Voice Non-Geostationary mobile satellite service ("NVNG MSS?') satellite system (the "Annual Report"). The entire content of ORBCOMM's Annual Report is CONFIDENTIAL, ORBCOMM PROPRIETARY, COMMERCIALLYSENSITIVE TRADE SECRET information . Pursuant to
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  • through 0.470 are revised to read as follows: Sec. 0.441 General. 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence. 0.445 Publication availability and use of opinions, orders, policy statements, interpretations, administrative manuals and staff instructions. 0.451 Inspection of records: Generally. 0.453 Public reference rooms. 0.455 Other locations at which records may be inspected. 0.457 Records not routinely available for public inspection. 0.458 Nonpublic information. 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. 0.460 Requests for inspection of records which are routinely available for public inspection. 0.461 Requests for inspection of materials not routinely available for public inspection. 0.463 Disclosure of Commission records and information in legal proceedings
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  • certified) equipment" filing, 47 CFR, Section 2.933 and shall be accompanied by the requisite exhibits and fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information within an application for equipment authorization (Form 731) from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d). The confidentiality request should be uploaded into the application as a Cover Letter exhibit. For a composite device, the confidentiality payment is required only once. The single confidentiality payment will apply to the confidentially requests for all portions of the same composite device filed at the same time. 4/ A Class III permissive change, 47 CFR, Section 2.1043, includes modifications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293612A1.pdf
  • comply with the FCC's regulations in filing its application for review of the Bureau's order. Generally, only a FOIA requester may file an application for the FCC to review the Bureau's resolution of that request. But, there is an exception. According to 47 C.F.R. § 0.461(i)(1), when a FOIA request for inspection of records submitted in confidence pursuant to §§ 0.457(d) or 0.459 is granted (even if only in part), the submitter of the information ­ in addition to the requester ­ may file an application for review. The FCC determined, however, that AT&T did not submit the material it provided to the FCC in confidence pursuant to either of those regulations, because AT&T failed to include with that material a
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  • certified) equipment" filing, 47 CFR, Section 2.933 and shall be accompanied by the requisite exhibits and fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information within an application for equipment authorization (Form 731) from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d). The confidentiality request should be uploaded into the application as a Cover Letter exhibit. For a composite device, the confidentiality payment is required only once. The single confidentiality payment will apply to the confidentially requests for all portions of the same composite device filed at the same time. 4/ A Class III permissive change, 47 CFR, Section 2.1043, includes modifications
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  • Nothing in this Consent Decree shall limit Qwest's right to claim that the information requested is non-releasable proprietary information under the Freedom of Information Act, 5 U.S.C. § 522(b) and/or the Trade Secrets Act, 18 U.S.C. § 1905. The Commission agrees to allow Qwest an opportunity to establish such claims in accordance with the Commission's rules at 47 C.F.R. §§ 0.457, 0.459. 25. Qwest represents that it has satisfied the complaints filed with the Commission by the thirty consumers that gave rise to the Commission's NAL. 26. The Commission further agrees that in the absence of substantial additional and material facts, it shall not on its own motion institute forfeiture proceedings against Qwest based on informal complaints of unauthorized PIC changes
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  • from the international settlements policy. (f) Confidential treatment. (1) A carrier providing service on an international route that is exempt from the international settlements policy under paragraph (e)(3) of this section, but that is otherwise required by paragraphs (a) and (b) of this section to file a contract covering that route with the Commission, may request confidential treatment under § 0.457 of this chapter for the rates, terms and conditions that govern the settlement of U.S. international traffic. (2) Carriers requesting confidential treatment under this paragraph must include the information specified in § 64.1001(c) of this chapter. Such filings shall be made with the Commission, with a copy to the Chief, International Bureau. The transmittal letter accompanying the confidential filing shall
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  • alia, a listing of all OFS paths constructed or operated without authority, which ones were not disclosed in its June 16 response, the dates of construction and operation, and the number of subscribers being served. Liberty submitted its Internal Audit Report ("IAR" or "Report") to the Bureau on August 14, 1995 with a request for confidentiality under 47 C.F.R. §§ 0.457 and 0.459, which the Bureau denied, a decision to which Liberty sought further review. On September 7, 1995, at Liberty's request, the Bureau granted Special Temporary Authority ("STA") to Liberty to operate the nineteen admittedly unlicensed facilities. 4. Thereafter, the Commission designated for hearing issues to determine: (1) the facts and circumstances surrounding Liberty's operation of hardwired interconnected, non-commonly owned
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  • 316, Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer of Control of Entity Holding Broadcast Station Construction Permit or License (Mar. 1999). FCC Forms 301 and 316 are currently being updated to require the same attribution information required in FCC Forms 314 and 315. FCC Form 323, Ownership Report (Sept. 2000). See 47 C.F.R. § 0.457; In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order, 13 FCC Rcd 24816 (1998). Section 0.459 of the Commission's rules set forth the requirements for filing a request that information submitted to the Commission not be made routinely available for public inspection. 47 C.F.R.
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  • Form 175 application in which it sought a 35 percent bidding credit. As required by Commission rules, Northeast included an Exhibit C that listed the prior three years' gross revenues and an average of those gross revenues to support its claimed eligibility for a bidding credit. Northeast requested that this information be withheld from the public, as provided in Sections 0.457(d) and 0.459 of the Commissions' Rules. Northeast argued that these financial data were entitled to confidentiality because: (1) it is a closely held corporation; (2) the financial information submitted was not related to determining whether Northeast was qualified to be a licensee; (3) the information is not of the type that Northeast would normally make available to the public; and
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  • Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21862, ¶ 54. Id. at 21867-8, ¶¶ 70-71. 47 C.F.R. § 1.2111(a). Id. Omnipoint Petition at 5-7. Id at 6. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348, 2385 (1994). See 47 C.F.R. §§ 0.457-0.459. (continued....) Federal Communications Commission FCC 00-88 Federal Communications Commission FCC 00-88 „ ... † � ¹ �@ˆþÿ �@ˆþÿ � �@ˆþÿ � @& „0ý „0ý „0ý „0ý „0ý „0ý „ðñ k €
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  • 271 Order at ¶ 83. Bell Atlantic New York 271 Order at ¶ 159. See Letter from Edward D. Young, III, Sr. Vice President-Regulatory, Bell Atlantic Network Services, Inc. to David H. Solomon, Chief, Enforcement Bureau dated February 14, 2000, at 2. Bell Atlantic has requested confidential treatment of some of the information contained in its submission pursuant to sections 0.457 and 0.459 of the Commission's rules and, on February 17, 2000, submitted a redacted version of the letter and attachments. 47 C.F.R. §§ 0.457, 0.459. This Consent Decree cites to and relies on only the non-confidential portions of Bell Atlantic's submission from its February 17, 2000 letter. See Letter from Dee May, Director, Federal Regulatory, Bell Atlantic to David H.
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  • (1999). Motorola's petition was a timely petition for reconsideration. See 47 C.F.R. § 1.429. The petition requested clarification of 47 C.F.R. § 2.962(g)(4). This section was originally designated as Section 2.962(f)(4) in the Report and Order. When the rules were published in the Federal Register, it was re-designated as Section 2.962(g)(4). See 64 FR 4984 (1999). See 47 C.F.R. §§ 0.457(d)(1)(ii). See 47 C.F.R. §§ 0.457(d)(1)(ii) and 0.459. See 47 C.F.R. § 0.459(b). See 47 C.F.R. § 2.962(g)(4). See also Report and Order at ¶¶ 28 and 42. See Report and Order at ¶ 23. See also International Organization for Standardization (ISO) / International Electrotechnical Commission (IEC) Guide 65 (1996), General requirements for bodies operating product certification systems, Clause 4.10. See
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  • individual or company with multiple cable holdings, you should furnish separate profit and loss statements for each entity you own or control, or a consolidated profit and loss statement. You are advised that all financial data furnished with your response will be routinely available for public inspection absent a request for nondisclosure setting forth the reasons therefor pursuant to Section 0.457(d)(2)(i) of the Commission's Rules. If you have any questions concerning this forfeiture proceeding please communicate them in writing to: Federal Communications Commission Cable Services Bureau Washington, D.C. 20554 or contact Commission staff personnel by telephone at (202) 418-2355 or by FAX at (202) 4l8-1189. Washington D. C. 20554 NOTICE OF APPARENT LIABILITY CONTROL NO: X12000004 In response to a Notice
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  • that four additional buildings were activated without authorization, bringing to nineteen the number of buildings that it admitted were prematurely activated, the Bureau directed Liberty to submit the results of the company's internal audit. Liberty submitted its Internal Audit Report ("IAR" or "Report") to the Bureau on August 14, 1995 with a request for confidential treatment under 47 C.F.R. §§ 0.457 and 0.459, which the Bureau, and ultimately the Commission, denied. 5. The Report, which contained relevant information describing Liberty's licensing operations and its knowledge with regard to the premature OFS operations, and which disclosed a total of ninety-three buildings served by unauthorized operations, was not available in this proceeding until two years later, after the court of appeals rejected Liberty's
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  • MHz in Palmdale, California. For the reasons stated below, we deny Mr. Linstruth's application for review. The Bureau withheld records located in response to Mr. Linstruth's FOIA request for two reasons. It determined that release of the material would interfere with an ongoing investigation, citing FOIA Exemption 7(A), 5 U.S.C. § 552(b)(7)(A), and the Commission's implementing rule, 47 C.F.R. § 0.457(g)(1). The Bureau also withheld the records pursuant to FOIA Exemption 7(D), 5 U.S.C. § 552(b)(7)(D), and the Commission's implementing regulation, 47 C.F.R. § 0.457(g)(4), authorizing the withholding of records that could disclose the identity of a confidential source. In his application for review, Mr. Linstruth asserts that the Bureau erred by failing to provide justification that disclosure of the information
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  • 5 U.S.C. § 552(b)(1) (withholding national security information concerning the national defense or foreign policy properly classified under an executive order). The Bureau redacted ``non-responsive'' materials from the pages provided to Mr. Ravnitzky. It also withheld five pages of correspondence between the Commission and foreign government offices pursuant to FOIA Exemption 7(D), 5 U.S.C. § 552(b)(7)(D), and 47 C.F.R. § 0.457(g)(4) (withholding records that would disclose the identity of a confidential source). Finally, the Bureau informed Mr. Ravnitzky that there were no intergovernmental correspondence or directives to FCC staff concerning number stations. As to the third FOIA request, the Bureau provided Mr. Ravnitzky with various records concerning the processing of his FOIA requests, but withheld internal Commission electronic mail messages pursuant
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  • filed by overnight delivery service other than U.S. Postal Service Express and Priority Mail, filings must be received at the Commission's headquarters at 445 12th Street, S.W., Washington, D.C. 20024. As noted in the October 17 and October 18, 2001 public notices, the Commission will divert those deliveries to the Capitol Heights facility. Documents filed under seal pursuant to section 0.457 or 0.459 of the Commission's rules should be submitted by hand delivery or overnight delivery service to ensure confidential treatment under those rules. Until further notice, parties filing Covered Pleadings electronically (either via electronic mail or facsimile) in accordance with the procedures set forth herein will not be required to file a paper original with the Office of the Secretary
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  • 316, Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer of Control of Entity Holding Broadcast Station Construction Permit or License (Mar. 1999). FCC Forms 301 and 316 are currently being updated to require the same attribution information required in FCC Forms 314 and 315. FCC Form 323, Ownership Report (Sept. 2000). See 47 C.F.R. § 0.457; In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order, 13 FCC Rcd 24816 (1998). Section 0.459 of the Commission's rules set forth the requirements for filing a request that information submitted to the Commission not be made routinely available for public inspection. 47 C.F.R.
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  • Ex Parte APPENDIX B - FINAL RULES AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R parts 0, 20, 42, 43, 61, 63 and 64 as follows: PART 0 - COMMISSION ORGANIZATION The authority citation for part 0 continues to read as follows: Authority: 47 U.S.C. 155. Section 0.457 is amended by revising paragraph (d)(1)(vi) to read as follows: § 0. 457 Records not routinely available for public inspection. ***** (d) *** *** (vi) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier that govern the settlement of U.S. international traffic, including the method for allocating return traffic, if the U.S. international
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  • e.g. rate regulation files and related documents. (b) Wireline Competition Bureau. (1) Reports of public coast station operators filed under §43.71 of this chapter. (2) Valuation reports filed under section 213 of the Communications Act, including exhibits filed in connection therewith, unless otherwise ordered by the Commission, with reasons therefor, pursuant to section 213(f) of the Communications Act. See § 0.457(c)(2). (3) Computer II files and related materials. (c) Office of Managing Director. (1) All minutes of Commission actions, containing a record of all final votes, minutes of actions and internal management matters as provided in § 0.457 (b)(1) and (c)(1)(i). These records and files are available for inspection in the Agenda Branch. (2) Files containing information concerning the history of
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  • FCC Rcd 2348 (1994). Transfer disclosure requirements should not be a burden on the licensees inasmuch as the documents to be submitted to the Commission will be prepared for other purposes in any event. Any competitive concerns raised by the possible disclosure of sensitive information contained in purchase agreements or similar documents can be addressed by the provision in Section 0.457 and 0.459 of our Rules providing for nondisclosure of information. 47 C.F.R. §§ 0.457 and 0.459. 47 U.S.C. § 309(j)(4)(D). 47 § U.S.C. 309(j)(3)(B). See 47 C.F.R. § 1.2110(a). Although the Commission previously extended designated entity preferences to minority- and women-owned businesses, as well as to small businesses, following the Supreme Court's rulings in Adarand Constructors, Inc. v. Pena, 515
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  • auditor's workpapers may arguably be competitively sensitive (e.g., minutes of the board of directors meetings in which marketing strategies or competitive abilities are discussed). Even assuming such information would be competitively sensitive, nothing in this decision allows access to this type of information. See Confidential Treatment Order at paras. 54-55 (addressing the Commission's general policy regarding audit information). 47 C.F.R. 0.457(d)(1)(iii). See Non-Accounting Safeguards Order at para. 323 (concluding that the ``broad audit requirement is intended to verify BOC compliance with the accounting and non-accounting requirements of section 272''); Accounting Safeguards Order at para. 197; see also Application by Bell Atlantic New York for Authorization Under Section 271 of the Communications Act To Provide In-Region InterLATA Service in the State of
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  • to introduce new services on a streamlined basis), aff'd, WorldCom, Inc. v. FCC, 238 F.3d 449 (D.C. Cir. 2001). MCI Petition at 17-18; TRA Comments at 12. Section 271 allows the BOCs to offer in-region, interLATA services upon demonstrating compliance with certain market-opening requirements set forth in that section. 47 U.S.C. § 271. 5 U.S.C. § 552(b); 47 C.F.R. §§ 0.457, 0.459. Id. MCI Petition at 19. MCI proposes that the reviewing party would not be required to enter into separate protective agreements, but instead the submitting party would automatically provide a copy of any confidential information associated with each transmittal to the reviewing party's authorized representative, coincident with the filing of this information with the Commission. All other terms of
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  • Roman Salas, Secretary, FCC (January 22, 2001 and April 9, 2001). App. for Rev. at 2. See 47 C.F.R. §§ 0.453(a)(2)(i)(G) (current reference). Confidential Information, 13 FCC Rcd at 24838. See nn. 2 and 4, supra. Id. Knoxville Broadcasting Co., 87 F.C.C.2d 1103, 1110 (1982). Leesburg Communications and Answering Service, Inc., 89 F.C.C.2d 119, 121 (1982). See 47 C.F.R. § 0.457(d)(1). The Bureau cited Russell v. Department of the Air Force, 682 F.2d 1045, 1048 (D.C. Cir. 1982), because the Bureau was concerned that release of the information before the Commission issued its decision in FTS/Chris-Craft could result in confusion as to the basis for that decision. We agree that the Bureau's reliance in Russell was misplaced. Russell applies to internal
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  • reference rooms. * * * * * (a) * * * (2) * * * (ii) * * * (F) All formal complaints against common carriers filed under §§ 1.711 through 1.735 of this chapter, all documents filed in connection therewith and all communications related thereto. * * * * * 3. Add the following new paragraph (f)(4) to Section 0.457: § 0.457 Records not routinely available for public inspection. (f) * * * * * (4) Informal complaints filed under §§ 1.711 through 1.735 of this chapter, all documents filed in connection therewith, and all communications related thereto. * * * * * 4. The authority citation for Part 1 continues to read as follows: Source: 28 FR 12415, Nov.
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  • at 2-3. Id. Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order in GC Docket No. 96-55, 13 FCC Rcd 24816 (1998), recon. denied, 14 FCC Rcd 20128 (1999)(``Confidential Treatment Order''). 47 C.F.R. § 0.459(b). These categories reflect the exemptions from disclosure set forth in the FOIA, 5 U.S.C. § 552(b). Section 0.457 set forth categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the information
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  • Lerman, Esq., et al. to Laurence H. Schecker, Office of General Counsel (Dec. 23, 2002). Application for Review at 1. Id. at 2. We note that Infinity, not the individuals, is asserting this expectation of privacy, suggesting that it, not the individuals, would be embarrassed or humiliated. Exemption 6, 5 U.S.C. § 552(b)(6), and our implementing regulation, 47 C.F.R. § 0.457(g)(3), are designed to protect individuals' personal privacy. Release of individuals' first names, in the context of this matter, does not constitute an unwarranted invasion of personal privacy. See NAL at 3 ¶ 2 (naming the Sam Adams Brewery). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-304 Federal Communications Commission FCC 03-304 ' ã ä å ñ å _H
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  • U.S Providers of International Telecommunications Services, Amendment of Part 43 of the Commission's Rules, IB Docket No. 04-112, Notice of Proposed Rulemaking, FCC 04-70, 19 FCC Rcd 6460, paras. 76-78 (2004). 47 C.F.R. § 0.459 (2003). See 47 C.F.R. § 0.459(b). See 47 C.F.R. § 0.461 (2003); 5 U.S.C. § 552. See 47 C.F.R. § 0.461(f)(4). See 47 C.F.R. §§ 0.457(d)(1) and 0.457(d)(2)(i). The latter section provides that a request to see confidential information must make a ``persuasive showing'' as to the reasons such confidential materials should be made available. The International Bureau is developing a number of new electronic forms for both satellite and international telecommunications subsystems in the International Bureau Filing System (IBFS). See 47 C.F.R. § 1.3 (2003)
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  • their customers for USF charges.'' Id. at 1-2. Lakin excluded from request any documents relating to individual customers. Id. at 1. Lakin subsequently clarified that it was not interested in publicly available reports or data underlying those reports. Section 0.461(d)(3) provides that when a FOIA request seeks records that are not routinely available for public inspection under 47 C.F.R. § 0.457(d) or that are the subject of requests for confidential treatment under 47 C.F.R. § 0.3459, the custodian of records will notify the submitter of those records that a FOIA request has been filed. Letter from Amy L. Alvarez, District Manager, Federal Government Affairs, AT&T, to Marlene H. Dortch, Secretary (Dec. 5, 2003) (AT&T FOIA Response); letter from Michael B. Fingerhut,
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  • Id at 86. See, e.g., Project 39, Interference to Public Safety 800 MHz Radio Systems, Interim Report to the FCC, December 24, 2001 at 12-21. See also Best Practices Guide at 7-8; Motorola Comments at 20. See Digital Output Protection Technology and Recording Method Certifications, Order, MM Docket 04-68, DA 04-716 (rel. Mar 17, 2004). See also 47 C.F.R §§ 0.457, 0.459. In imposing strict responsibility for the abatement of unacceptable interference we are doing no more than formalizing the interference-abatement responsibilities underlying the Commission's initial approval of cellular-architecture systems operating in the 800 MHz band. See Fleet Call, Inc., Waiver Request at 32-33. There the Commission noted that Fleet Call's statement about interference potential ``firmly guides our consideration of Fleet
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
  • Id at 86. See, e.g., Project 39, Interference to Public Safety 800 MHz Radio Systems, Interim Report to the FCC, December 24, 2001 at 12-21. See also Best Practices Guide at 7-8; Motorola Comments at 20. See Digital Output Protection Technology and Recording Method Certifications, Order, MM Docket 04-68, DA 04-716 (rel. Mar 17, 2004). See also 47 C.F.R §§ 0.457, 0.459. In imposing strict responsibility for the abatement of unacceptable interference we are doing no more than formalizing the interference-abatement responsibilities underlying the Commission's initial approval of cellular-architecture systems operating in the 800 MHz band. See Fleet Call, Inc., Waiver Request at 32-33. There the Commission noted that Fleet Call's statement about interference potential ``firmly guides our consideration of Fleet
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  • resulting from CALEA compliance may be included in carrier cost showings relating to CALEA implementation. infra (interpreting section 107(c) as expressly limited to cases where the petitioning carrier proposes to install or deploy, or has installed or deployed, equipment, facility, or service "prior to the effective date of section 103," i.e., prior to October 25, 1998). See 47 C.F.R. §§ 0.457-0.461. at 16819-20, ¶¶ 55-56. . Petition for Extension of the Compliance Date Under Section 107 of the Communications Assistance for Law Enforcement Act by AT&T Wireless Services, Inc. et al., Memorandum Opinion and Order, 13 FCC Rcd 17990 (1998) at 17995-96, ¶ 7 n.21. Id. at 18005, ¶ 25. at 7127, ¶ 37. Id. at 7129-30, ¶ 42. See 47
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  • (D.D.C. 1992). Amendment Of Part 63 Of The Commission's Rules To Provide For Notification By Common Carriers Of Service Disruptions, CC Docket No. 91-273, supra note 3, 7 FCC Rcd 2010 at ¶¶ 31-32 (1992). It is no longer the case that ``[c]oncerns of . . . aiding saboteurs resulting from disclosure are not supported.'' Id. at ¶31. See Sections 0.457, 0.459 of the Commission's Rules, 47 C.F.R. §§ 0.457, 0.459. DHS's perception in this regard is co-incident with our own. See DHS Comments at 14 (``While this information is critical to identify and mitigate vulnerabilities in the system, it can equally be employed by hostile actors to identify vulnerabilities for the purpose of exploiting them.''). This may take the form,
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  • the Commission receives a request for release pursuant to the Freedom of Information Act, the filer is notified and afforded an opportunity to show why the data should not be released. Additionally, the Commission only releases aggregated (non-company specific) information in its published reports. See Data Gathering Order, 15 FCC Rcd at 7758, para. 87. See also 47 C.F.R. §§ 0.457-0.461. 57 See, e.g., BellSouth Comments at 2-3, Verizon Comments at 17, NCTA Comments at 4-5, Sprint Comments at 7, CPUC Comments at 5-6, VPSD Comments at 15. But see OPASTCO Comments at 7-8 (arguing against the FCC disclosing even aggregated data reported by small and rural carriers). See also AT&T Reply at 8-9, Cingular Reply at 5-6 (greater granularity of
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  • Reply, Ex Parte Vodafone: Comments, Reply, Ex Parte WorldCom (MCI): Comments, Reply APPENDIX B FINAL RULES Parts 0, 43, 63, and 64 of the Commission rules are amended as follows: PART 0 - COMMISSION ORGANIZATION 1. The authority citation for part 0 continues to read as follows: Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. 2. Section 0.457 is amended by removing paragraph (d)(1)(vi). PART 43 - REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN AFFILIATES 3. The authority citation for part 43 continues to read as follows: Authority: 47 U.S.C. 154; Telecommunications Act of 1996; Pub. Law 104-104, sec. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended unless otherwise noted. 47 U.S.C. 211, 219, 220, as amended. 4.
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  • we expect that the Commission would grant them because the required registration information would fall into a category of information that the rules allow to be held confidential. Rather than process individual confidentiality requests each time a grantee registers a user's location or submits updated information, we find that it would be more efficient to adopt a change to Section 0.457(d) of the rules to state that 433 MHz RFID registration information is not routinely available for public inspection. This action would save Commission resources that would be used for processing numerous confidentiality requests and would be less burdensome on grantees because grantees will not have to file a request for confidentiality each time new or updated registration information is submitted
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  • in determining ways to defeat them. We also conclude that, if we were to make information on software defined radio operation and security measures generally available to the public, entities seeking equipment certification may not provide sufficient information for the Commission to determine whether the device at issue would operate in compliance with our rules. Accordingly, we will modify Section 0.457(d) of the rules to state that the descriptions of the security features and software operation for a software defined radio are presumptively protected from public disclosure and will not routinely be made available for public inspection. This presumptive protection will apply only to the descriptions of the security features and software operation for a software defined radio and not to
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  • Rocky Mountain Radar, 12 FCC Rcd 22453 (1997) (Rocky Mountain Radar I), aff'd sub nom. Rocky Mountain Radar v. FCC, 158 F.3d 1118 (10th Cir. 1998), cert. den., 525 U.S. 1147 (1999). Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division, EB, to Michael B. Churchman (Dec. 28, 2005) (FOIA Response), citing 5 U.S.C. § 552(b)(7)(A) and 47 C.F.R. § 0.457(g)(1). 5 U.S.C. § 552(b)(7)(A). Manna v. United States Dep't of Justice, 51 F.3d 1158, 1164 (3d Cir.), cert. den., 516 U.S. 975 (1995). See FOIA Response; see also letter from Michael Carowitz to Senator John Cornyn (Oct. 20, 2005). See FOIA Response. See Church of Scientology of Texas v. IRS, 816 F. Supp. 1138, 1156-57 (W.D. Tex. 1993) (Exemption 7(A)
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  • enforcement proceedings.'' FOIA Exemption 7(D), 5 U.S.C. § 552(b)(7)(D), exempts from disclosure records or information compiled for law enforcement purposes that ``could reasonably be expected to disclose the identity of a confidential source . . . which furnished information on a confidential basis . . . .`` The Commission also relied on related provisions in its regulations. 47 C.F.R. §§ 0.457(g)(1), (4)-(5). See Application for Review at 1. See Application for Review at 2, citing Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). A Vaughn Index is used to describe withheld documents and explain why they are being withheld. Application for Review at 3. Id. at 4. Id. at 4-5. See Application for Review
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  • General who is consulted in section 107(c) adjudications and is a party to all section 109(b) adjudications. Petitioning telecommunications carriers are not required to request separately confidential treatment for the information submitted in their petitions. However, petitioners must mark the top of each page of their petitions: ``Confidential - Not for Public Inspection.'' We further conclude that, pursuant to section 0.457(g) of the Commission's rules, the information provided by telecommunications carriers in these CALEA proceedings will not be made routinely available for public inspection. No commenter disagrees with this approach. 4. Monitoring Reports In its Petition, Law Enforcement requested that the Commission impose a new compliance regime consisting of standardized CALEA compliance benchmarks for packet technologies. Under this proposal, limited compliance
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  • the provisions of §§ 15.107(e) and 15.109(g) must be tested following the ANSI C63.4 procedure described in paragraph (a)(3) of this section''). See FCC Accepts Accreditation of European Laboratories for Declaration of Conformity Testing, Public Notice, 13 FCC Rcd 16626 (OET 1998). See supra note 39. Response at 9. Id. at 6. Id. Id. at Exhibit 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. §§ 0.457 and 0.459, Behringer requested confidential treatment of the ``Comparative Analysis of Identical Behringer Products,'' asserting that the material contains ``commercially sensitive information ... the disclosure of which could result in substantial competitive harm.'' Response at Exhibit 5. Having reviewed the material, we agree with Behringer and will accord the material confidential
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  • is a party before a court or administrative body''). See Lakin Law Firm, 352 F.2d at 1124 (holding that a limited release of information to law enforcement officials does not alter the individual consumer's privacy interests in keeping their identities and home addresses free from general public disclosure under the FOIA). 2006-313 AFR at 7 n.13, citing 47 C.F.R. §§ 0.457 and 0.461 and Establishment of Rules Governing Procedures to be Followed When Informal Complaints are Filed by Consumers against Entities Regulated by the Commission, 17 FCC Rcd 3919, 3927 (2002) (discussing current informal complaint rules against common carriers and proposing to modify and extend them to all regulated entities so that they would be available for routine inspection). In contrast,
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  • renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d). Attachment A to Standard Protective Order DECLARATION In the Matter of ) [Name of Proceeding] ) Docket No.________________ I, _____________________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential Information
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  • renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d). Attachment A to Section 612 Protective Order DECLARATION In the Matter of ) [Name of Proceeding] ) Docket No.________________ I, _____________________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential
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  • Esq., BellSouth Corp., to William Knowles-Kellett, EB (Sept. 19, 2003); letter from Daphne E. Butler, Esq., Qwest, to William Knowles-Kellett (Sept. 19, 2003); letter from Terri L. Hoskins, Esq., SBC Telecommunications, Inc. to William Knowles-Kellett (Sept. 22, 2003); and letter from Marie Breslin, Esq., Verizon, to William Knowles-Kellett (Sept. 23, 2003). 5 U.S.C. § 552(b)(5); see also 47 C.F.R. § 0.457(e) (Commission implementing rule). 5 U.S.C. § 552(b)(4); see also 47 C.F.R. § 0.457(d) (Commission implementing rule). Letter from Randy Herschaft to Shoko Hair (Aug. 13, 2003) (FOIA 2003-525). 47 U.S.C. § 220. Pursuant to section 220(c), carriers are required to provide the Commission access to ``all accounts, records, and memoranda, including all documents, papers and correspondence...'' 47 U.S.C. § 220(c).
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  • proprietary and if so, we encourage such licensees to use non-disclosure agreement whereby third parties will not be given access to such information. Failing that, the affected parties could seek a protective order from the Commission. See Digital Output Protection Technology and Recording Method Certifications, Order, MM Docket 04-68, DA 04-716 (rel. March 17, 2004). See also 47 C.F.R §§ 0.457, 0.459. We also encourage, but do not require, that such matters be submitted to arbitration, mediation, or other alternative dispute resolution mechanisms. Public safety licensees will also be required to provide information about any technical changes they plan to make to their systems. See 800 MHz Report and Order, 19 FCC Rcd at 15038 ¶ 125 (``if the characteristics of
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  • proprietary and if so, we encourage such licensees to use non-disclosure agreement whereby third parties will not be given access to such information. Failing that, the affected parties could seek a protective order from the Commission. See Digital Output Protection Technology and Recording Method Certifications, Order, MM Docket 04-68, DA 04-716 (rel. March 17, 2004). See also 47 C.F.R §§ 0.457, 0.459. We also encourage, but do not require, that such matters be submitted to arbitration, mediation, or other alternative dispute resolution mechanisms. Public safety licensees will also be required to provide information about any technical changes they plan to make to their systems. See 800 MHz Report and Order, 19 FCC Rcd at 15038 ¶ 125 (``if the characteristics of
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  • Review NPRM, supra (where the Commission is proposing to amend 73.624(d) to eliminate this circumstance or justification for extension). See File No. BMPCDT-20050629ABP. See Pub. L. No. 109-466 (2006). Id. Appendix G lists those stations and their associated file numbers. Second DTV Periodic Report and Order at 18318-9. Id. at 18319. Id. 47 C.F.R. § 0.459. See 47 C.F.R. § 0.457(d)(2). We note that, in the Third DTV Periodic Review NPRM , the Commission is seeking comment on a stricter standard for reviewing DTV extensions that would apply to ``use or lose'' waivers. See Third DTV Periodic Review NPRM at ¶¶81-87. That stricter standard includes a modified standard for stations seeking extensions and waivers based upon financial hardship. Stations would only
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  • modified standard for stations seeking extensions based upon financial hardship. The NPRM proposes that a station would only qualify under financial hardship if it is (1) the subject of a bankruptcy or receivership proceeding, or (2) experiencing severe financial hardship, as defined by negative cash flow for the past three years. Id. 47 C.F.R. § 0.459. See 47 C.F.R. § 0.457(d)(2). See File No. BMPCDT-20060214AAK (granted May 18, 2006). See File No. BAPLCT-20060120ABR. See File No. BAPLCT-20060413ACJ (granted June 6, 2006) and File No. BMPCDT-20070207AAA. See File No. BSDTS-20060407ACP (granted November 30, 2006). See Third DTV Periodic Review NPRM, supra at ¶65. Id at ¶66. See ¶18 infra. See File No. BALCT-20030826ALR (granted May 31, 2006). See File No. BMPCDT-20060609ABY. KVTV-DT
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  • application for review does not conform with the Commission's Rules. In general, an application for review of an initial action on a request for inspection may be filed only by the person making the FOIA request (here CompTel). There is an exception to this limitation where a request for inspection of records submitted to the Commission in confidence under section 0.457(d) or section 0.459 is granted or partially granted, in which case the person who submitted the records or the third party owner of the records may file an application for review. However, despite notice from EB of its right to do so, SBC did not seek confidential treatment of its submissions in accordance with section 0.459(a) by filing a timely
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  • SBA Comments at 5-6 (stating that the forbearance process should be subject to notice and comment procedures because receiving input from industry is critical to well-reasoned decisions consistent with the APA and the RFA); see also COMPTEL Comments at 6; NJ Rate Counsel/NASUCA Comments at 9; Sprint Nextel Comments at 5-6; Telecom Investors Comments at 3-4. See 47 C.F.R. §§ 0.457-0.459. See also NARUC Comments at 2, 10; NJ Rate Counsel/NASUCA Comments at 19; Time Warner Comments at 27. We discuss comments received regarding proprietary information infra in Section III.D. We agree with Verizon that it is counterproductive to delay consideration of the issues by prolonging the comment cycle. See Verizon Comments at 28. The fact that our formal-complaint rule, 47
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  • response, WTB released 11 pages of documents either submitted to the Commission by outside parties or between Commission staff and third parties. WTB, however, withheld 91 pages of electronic mail (e-mail), prepared memoranda, and briefing sheets under the deliberative process and attorney-client privileges and the attorney work product doctrine, each of which is protected under FOIA Exemption 5 and § 0.457(e) of the Commission's rules. WTB explained that it withheld internal e-mail, certain memoranda, and briefing sheets ``because they include staff advice and recommendations that were part of our Commission's continuing process of deciding the appropriate responses to submissions by some of the Companies and others on the AMPS Standard and related issues.'' WTB further explained that certain memoranda, briefing sheets,
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  • § 214(a) and 47 C.F.R. §§ 63.03 and 63.24 (transfer of control requires Commission authorization). See Decision at 1. The LOI (7 pages), the Notice of Apparent Liability for Forfeiture (7 pages), and certain Appendices to the LOI Response (80 pages) were released to the requester because Rally did not claim confidential treatment for these documents. See 47 C.F.R. § 0.457(d). Effective April 29, 2009, the Commission amended its FOIA rules at 47 C.F.R. Part 0. 74 Fed. Reg. 14073 (Mar. 30, 2009). To the extent this matter refers to any sections of FOIA rules that changed, we are using the rules in effect when the FOIA request was filed. See 5 U.S.C. § 552(b)(4). EB determined that it should withhold
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  • of records occur. Cox faults EB for ignoring what it terms Wein's failure to comply with the ``threshold procedural requirements'' of the Commission's FOIA rules when he filed his FOIA request. According to Cox, Wein failed to include in his FOIA Request a ``persuasive showing as to the reasons for the inspection,'' as required by 47 C.F.R. §§ 0.461(c) and 0.457(d)(2). These rules, however, require such a showing only if the material sought is of the kind listed under 47 C.F.R. § 0.457 or subject to a claim of confidentiality under 47 C.F.R. § 0.459. Neither of these regulations applies to the LOI Response, which was filed without a request for confidential treatment. Thus, no persuasive showing was required to be
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  • COMMISSION Marlene H. Dortch Secretary AtContact Communications, LLC, Order, DA 09-1850 (Int'l Bur., released Aug. 21, 2009) (Cancellation Order). AtContact Communications, LLC, Petition for Reconsideration of International Bureau Order DA 09-1850 (Sept. 21, 2009) (Petition for Reconsideration). AtContact filed both a public (redacted) Petition and an unredacted Petition, subject to a request for confidential treatment pursuant to 47 C.F.R. §§ 0.457 and 0.459. The Bureau has referred the Petition for Reconsideration to the Commission pursuant to 47 C.F.R. § 1.106(a)(1). Petition for Reconsideration at 21-22. Cancellation Order; Letter to Safeco Insurance Company of America, from Mark Stephens, Chief Financial Officer (Aug. 26, 2009) (Payment Demand). See Ins. Co. of N. America v. United States, 951 F.2d 1244, 1246 (Fed. Cir. 1991)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-100A1_Rcd.pdf
  • -let alone that it has 1AtContact Communications, LLC, Order, DA 09-1850 (Int'l Bur., released Aug. 21, 2009) (Cancellation Order). AtContact Communications, LLC, Petition for Reconsideration of International Bureau Order DA 09-1850 (Sept. 21, 2009) (Petition for Reconsideration). AtContact filed both a public (redacted) Petition and an unredacted Petition, subject to a request for confidential treatment pursuant to 47 C.F.R. §§ 0.457 and 0.459. The Bureau has referred the Petition for Reconsideration to the Commission pursuant to 47 C.F.R. § 1.106(a)(1). 7567 Federal Communications Commission FCC 10-100 met the beginning physical construction milestone. AtContact has failed to persuade us that we should allow it to continue to hold scarce orbital resources indefinitely, to the exclusion of others, while it attempts to procure
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  • its rules did not require the submission of radio software source code; 2) clarified the rules concerning the certification of software defined amateur radio equipment; and 3) declined to initiate a further proceeding to adopt regulatory requirements for high-power, high-speed digital-to-analog (D/A) converters. See MO&O at 8056. See 47 C.F.R. § 1.429(b). See 47 C.F.R. § 2.944. See 47 C.F.R. §0.457(d)(1)(ii). (...continued from previous page) (continued....) Federal Communications Commission FCC 10-12 Federal Communications Commission FCC 10-12 � � F 0 0 t" žTru 5() bars Macros" etToolbaÀrs() _'è Exit €- r¦ ule1" á.E ñ¼ á.E c5ÂŒ�À á.E ID="{E0CFFC47-261C-4C48-85D4-3E4018BD17B2}" Document=ThisDocument/&H00000000 Module=NewMacros Module=Module1 Name="TemplateProject" HelpContextID="0" VersionCompatible32="393222000" CMG="A0A2498F4D8F4D8F4D8F4D" DPB="FFFD16B92A478848884888" GC="5E5CB71A4926A927A92756" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 &H00000002={000209F2-0000-0000-C000-000000000046};Word8.0;&H00000000 [Workspace] ThisDocument=110, 110, 520, 455, Z NewMacros=22, 22, 534,
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  • Skybridge also makes in other pleadings, we need not decide whether Skybridge's opposition is timely or not. See EPA v. Mink, 410 U.S. 73, 91 (1973) (government must disclose nonexempt material that is severable from exempt material in the same document and which can be disclosed without compromising the exempt material). As PSI notes (PSI AFR at 5), 47 C.F.R. §0.457(d)(2) provides that ``If it is shown in the [confidentiality] request that that the materials contain trade secrets or privileged or confidential commercial, financial or technical data, the materials will not be made routinely available for inspection; and a persuasive showing as to the reasons for inspection will be required in requests for inspection submitted under §0.461.'' Here, however, we find
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  • as part of the deliberative process. On May 22, 2009, Council Tree filed a FOIA request for ``all documents'' dated between June 13, 2005 and June 30, 2006 relating to two 2006 rulemaking items regarding the participation of designated entities (DEs) in spectrum auctions, except documents publicly available or documents routinely unavailable for public inspection pursuant to 47 C.F.R. § 0.457. Council Tree later limited the scope of its request to records of five named senior Commission staff. Those employees searched their records and located a total of five pages responsive to Council Tree's request. Council Tree was provided with copies of these pages, with handwritten notes on two pages redacted pursuant to FOIA Exemption 5. Council Tree seeks review of
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  • 27, 2009; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 86,'' Public Notice, 24 FCC Rcd 8277, 8287 ¶ 29 (2009). We note that in any case the information provided in such reports is not routinely available under the Freedom of Information Act. See, e.g., 5 U.S.C. § 552(b)(7); see also 47 C.F.R. § 0.457(g). 47 C.F.R. § 1.65(a). See, e.g., In the Matter of SBC Communications, Inc., Notice of Apparent Liability for Forfeiture and Order, 16 FCC Rcd 19,091 (2001). 47 C.F.R. § 1.2105(b). For example, if two competing applicants both were looking for additional financing during an auction, once Fund X acquires a 10 percent ownership interest in Applicant A, Applicant B may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-4A1_Rcd.pdf
  • for October 27, 2009; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Proceduresfor Auction 86," Public Notice, 24 FCC Rcd 8277, 8287 ¶ 29 (2009). We note that in any case the information provided in such reports is not routinely available under the Freedom of Information Act. See, e.g., 5 U.S.C. § 552(b)(7); see also47 C.F.R. § 0.457(g). 1047 C.F.R. § 1.65(a). 11See, e.g.,In the Matter of SBC Communications, Inc., Notice of Apparent Liability for Forfeiture and Order,16 FCC Rcd 19,091 (2001). 522 Federal Communications Commission FCC 10-4 rules specifically addressing the modification and dismissal of short-form applications in competitive bidding proceedings.12 7. We find that, in the context of competitive bidding for Commission construction permits and licenses,
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  • See NUSCO Opposition at 2-3. See Order, 20 FCC Rcd at 17977-78 ¶ 8 (quoting Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, PP Docket No. 93-253, 9 FCC Rcd 2348, 2385 ¶ 214 (1994) (quoting H.R. Rep. No. 111, 103d Cong., 1st Sess. 257 (1993))). 47 C.F.R. § 0.459(a)(1). 47 C.F.R. § 0.457(d) (citing 5 U.S.C. § 552(b)(4)). See 47 C.F.R. § 0.457(d)(1)(i)-(vi), (d)(2). 47 C.F.R. § 0.459(b). 47 C.F.R. § 0.459(d)(2) (citing 5 U.S.C. § 552); see also Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order, 13 FCC Rcd 24816, 24830 ¶ 19 (1998) (Confidentiality Order). Application for Review at 8. Confidentiality Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-5A1_Rcd.pdf
  • that ACL and NUSCO have offered "no 21See Order, 20 FCC Rcd at 17977-78 ¶ 8 (quoting Implementation of Section 309(j) of the Communications Act ­ Competitive Bidding, Second Report and Order, PP Docket No. 93-253, 9 FCC Rcd 2348, 2385 ¶ 214 (1994) (quoting H.R. Rep. No. 111, 103d Cong., 1stSess. 257 (1993))). 2247 C.F.R. § 0.459(a)(1). 2347C.F.R. § 0.457(d) (citing 5 U.S.C. § 552(b)(4)). 24See 47 C.F.R. § 0.457(d)(1)(i)-(vi), (d)(2). 2547 C.F.R. § 0.459(b). 2647 C.F.R. § 0.459(d)(2) (citing 5 U.S.C. § 552); see also Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order, 13 FCC Rcd 24816, 24830 ¶ 19 (1998) (Confidentiality Order). 27Application for Review at 8. 28Confidentiality Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A1.txt
  • renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d). Attachment A to Standard Protective Order DECLARATION In the Matter of ) [Name of Proceeding] ) Docket No.________________ I, _____________________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential Information
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-151A1.txt
  • Section 255, 716, or 718 or responds to a Commission inquiry, the covered entity may request confidential treatment of the documentation, information, and records that it files with the Commission under section 0.459 of our rules. When covered entities file records that fall within the limited scope of Section 717(a)(5)(C), they may assert the statutory exemption from disclosure under section 0.457(c) of the Commission's rules. In all other cases, covered entities must comply with section 0.459 when seeking protection of their records. Enforcement Overview Section 717 of the Act requires the Commission to adopt rules that facilitate the filing of formal and informal complaints alleging non-compliance with Section 255, 716, or 718 and to establish procedures for enforcement actions by the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.txt
  • issues that have come to our attention since we last reviewed and amended these regulations. Consistent with the Administrative Procedure Act, we adopt these corrective modifications without notice and comment. In Section 0.453(c)(5), we inadvertently omitted the words ``carrier-to-carrier'' in the description of informal complaints that are routinely available, and will amend that subsection accordingly. Section 0.459(f) incorrectly cites Section 0.457(g), instead of Section 0.457(d), and will be corrected. In the FOIA Rules decision, we indicated that we were amending our rules ``to require that written requests to obtain copies of records routinely available for public inspection must be processed through the Commission's copy contractor under section 0.465.'' We did not amend Sections 0.460 or 0.465 to reflect these changes, and
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  • control under section 214 of the Act to report the name of any entity with 10 percent or more equity in such carrier). Cf. 47 C.F.R. § 73.3555 note 2 (broadcast attribution standards). Providers could request confidential treatment of information submitted that they believe should not be made routinely available for public inspection under our rules. See 47 C.F.R. §§ 0.457, 0.459. 47 C.F.R. § 64.606(g). Currently, providers must re-apply for a renewal of their certification after five years by filing documentation with the Commission at least 90 days prior to the expiration of such certification. 47 C.F.R. § 64.606(c)(2). 47 C.F.R. § 64.606(f)(2). See 47 C.F.R. § 64.604(b)(4)(i),(ii). See Provision of Improved Telecommunications Relay Services and Speech-to-Speech Services for Individuals
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1.txt
  • to read as follows: § 0.453 Public reference rooms. * * * * * (e) * * * * * * (6) Contracts and other arrangements filed under §43.51(b)(3) of this chapter, except for those that are filed with a request for confidential treatment (see §0.459) or are deemed confidential pursuant to sec. 412 of the Communications Act (see also §0.457(c)(3)). * * * * * Section 0.457 is amended by revising paragraph (d)(1)(v) to read as follows: § 0.457 Records not routinely available for public inspection. * * * * * (d) * * * * * * (v) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier that govern the settlement of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1_Rcd.pdf
  • below with respect to both application of our rules to safeguard competition and our benchmarks policy. B. Enhanced Competitive Safeguards 22. In 2005, the Commission issued a Notice of Inquiry that sought comment on ways to improve the process available to the Commission to protect U.S. consumers from the effects of 50Id. at 5736, ¶ 58. 51See 47 C.F.R. § 0.457(d)(1)(v). 52See 47 C.F.R. § 63.14. 53See 2004 ISP Reform Order, 19 FCC Rcd at 5736, ¶ 58. 54See Joint Petitionat 8-9, citing Modifying the Commission's Process to Avert Harm to U.S. Competition and U.S. Customers Caused by Anticompetitive Conduct, IB DocketNo. 05-254, Notice of Inquiry, FCC 05-152, 20 FCC Rcd 14096 (2005) (2005 NOI). 7243 Federal Communications Commission FCC 11-75
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1.txt
  • will continue to have the procedural option of requesting confidential treatment of data filed in the future under section 0.459(1) of our rules. In such cases, we will direct the International Bureau to act separately on each such request rather than withhold public inspection pending FOIA request under section 0.459(d)(3) of the rules. Accordingly, we propose to provide in section 0.457 of the rules that disaggregated revenue, traffic and payout data information would not be routinely available for public inspection. As further guidance for the public, we would instruct the International Bureau to include in its Section 43.62 Filing Manual detailed examples of records that would be so treated. Should we decide in the future to revise section 0.457 so that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1_Rcd.pdf
  • that are "routinely available" for public inspection and those that are not. 47 C.F.R. § 0.451(a) (records routinely available for public inspection) and 0.451(b) (records not routinely available for public inspection). The carriers' Section 43.61 traffic and revenue reports are not listed in Section 0.453 and 0.455, which identify records that are routinely available for public inspection, or in Section 0.457, which identified records that are not routinely available for public inspection, 47 C.F.R. §§ 0.453, 0.455 and 0.457. 7322 Federal Communications Commission FCC 11-76 information filed with the Commission that would be treated as not routinely available to the public. We would consider other information to be routinely available for public inspection subject to our rules.281 Our approach is to
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  • Sandra DePriest, MCLM; and to Jason Smith, MariTel (Feb. 26, 2010). See Request at 1-2. See Letter from Scot Stone, Deputy Chief, Mobility Division to Warren Havens (Jun. 2, 2010) (Initial Response). See id. at 1-2. See Letter from Scot Stone, Deputy Chief, Mobility Division to Warren Havens (Oct. 27, 2009). See Initial Response at 1-2. WTB apparently meant section 0.457(d)(1) (47 C.F.R. § 0.457(d)(1)), which requires parties seeking disclosure of confidential information to make a persuasive showing to justify disclosure. See 5 U.S.C. § 552(b)(5). Exemption 5 covers ``inter-agency and intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.'' See Initial Response at 3. See id.
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  • consulted reports generated within the Commission such as the Wireline Competition Bureau's Trends in Telephone Service and the Wireless Telecommunications Bureau's Numbering Resource Utilization Forecast and Annual CMRS Competition Report, as well as industry sources including, but not limited to, Television & Cable Factbook by Warren Publishing, Inc. and the Broadcasting and Cable Yearbook by Reed Elsevier, Inc. Specifically, Section 0.457(a) (2) through (g) describe, inter alia, how confidential material should be submitted electronically, what showings must be made to justify withholding electronically-submitted information from public inspection, and how the Commission will resolve confidentiality requests. FY 2009 Report and Order at ¶¶ 20 and 21. Therefore, it is important for licensees to have a current and valid FRN address on file
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-349A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-349A1.txt
  • Year-end 1995 Circuit Status Report (filed April 30, 19%); GTE Hawaiian Telephone Company Year-end 1995 Circuit Status Report (filed April 1, 1996); MCI Year-end 1995 Circuit Status Report (filed April 1, 19%); Sprint Year-end Circuit Status Report (filed April 15, 19%). With these reports, MCI and Spruit filed requests that the reports be withheld from public inspection pursuant to Sections 0.457 and 0.459 of the Commission's Rule, 47 C.F.R. §§ 0.457, 0.459. 53 1994 FCC International Traffic Report. 94 If using total US carrier retained revenue number, then the satellit-only route market was $535 million, 6.66% of total $8.033 billion for all foreign points, either by cable or satellite or both. Brattle Report at 79, 87-90. 54 at 79. 57 Communications
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  • Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, American Distance Education Consortium executing the attached Declaration, and the Submitting Party, EchoStar Communications Corporation. 18. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d). APPENDIX A DECLARATION In the Matter of ) ) American Distance Education Consortium ) File No. SAT-PDR-19990803-00077 Request for an Expedited Declaratory ) Ruling and Informal Complaint ) ) I, ______________________________, hereby declare under penalty of perjury that I have read the Protective Order in the above referenced proceeding, and that I agree to be bound by its terms pertaining
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • uniform rate requirement of the 1992 Cable Act). 32647 C.F.R. § 76.1003. 327See NCTA Comments at 48; Fleischman Comments at 35; Time Warner Comments at 42; WCA Comments at 8-10. 328E.g., Fleischman Comments at 30-35; Time Warner Comments at 42-43. 32947 C.F.R. § 76.1003(h). 3301998 Biennial Regulatory Review, FCC 98-348 at para. 15. 33147 C.F.R. § 76.7. 33247 C.F.R. §§ 0.457, 0.459. 33347 C.F.R. §§ 76.7(f), 76.9, as amended in 1998 Biennial Regulatory Review, Appendix A, § 76.7(f), § 76.9. 50 113. Time Warner has asked that MDU rates based on regulations promulgated under the 1992 Cable Act not be made subject to new provisions.324 We agree that bulk discounts permissible under the standards in effect when they were implemented should
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • all section 255 complaints in the shortest possible time frame in order to give full effect to accessibility requirements of the Act and our rules. 6. Confidential Treatment of Filings 158. We noted in the NPRM that our enforcement of these rules may often involve evaluation of information which may be considered proprietary business data.326 We noted further that sections 0.457(d), 0.457(g), and 0.459 of our rules327 already provide confidentiality for proprietary information in certain instances and requested comment regarding the need, if any, for additional protective measures.328 Many of the industry commenters strongly support the adoption of additional requirements to protect proprietary business information. Certain of the commenters argue that the Commission should establish a rebuttable presumption that information submitted
• http://transition.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00092.doc http://transition.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00092.pdf http://transition.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00092.txt
  • 271 Order at ¶ 83. Bell Atlantic New York 271 Order at ¶ 159. See Letter from Edward D. Young, III, Sr. Vice President-Regulatory, Bell Atlantic Network Services, Inc. to David H. Solomon, Chief, Enforcement Bureau dated February 14, 2000, at 2. Bell Atlantic has requested confidential treatment of some of the information contained in its submission pursuant to sections 0.457 and 0.459 of the Commission's rules and, on February 17, 2000, submitted a redacted version of the letter and attachments. 47 C.F.R. §§ 0.457, 0.459. This Consent Decree cites to and relies on only the non-confidential portions of Bell Atlantic's submission from its February 17, 2000 letter. See Letter from Dee May, Director, Federal Regulatory, Bell Atlantic to David H.
• http://transition.fcc.gov/Bureaus/International/Notices/2000/fcc00367.doc http://transition.fcc.gov/Bureaus/International/Notices/2000/fcc00367.txt
  • from the international settlements policy. (f) Confidential treatment. (1) A carrier providing service on an international route that is exempt from the international settlements policy under paragraph (e)(3) of this section, but that is otherwise required by paragraphs (a) and (b) of this section to file a contract covering that route with the Commission, may request confidential treatment under § 0.457 of this chapter for the rates, terms and conditions that govern the settlement of U.S. international traffic. (2) Carriers requesting confidential treatment under this paragraph must include the information specified in § 64.1001(c) of this chapter. Such filings shall be made with the Commission, with a copy to the Chief, International Bureau. The transmittal letter accompanying the confidential filing shall
• http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99073.pdf http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99073.txt http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99073.wp
  • A Final Rules Parts 0, 43, 63, and 64 of the Commission's Rules and Regulations (Chapter I of Title 47 of the Code of Federal Regulations) are amended as follows: PART 0 - COMMISSION ORGANIZATION 1. The authority citation for part 0 continues to read as follows: Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. 2. Section 0.457 is amended by adding paragraph (d)(1)(vi) to read as follows: § 0.457 Records not routinely available for public inspection. ***** (d) *** (1) *** (vi) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier that govern the settlement of U.S. international traffic, including the method for allocating return traffic, if the U.S. international
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
  • 316, Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer of Control of Entity Holding Broadcast Station Construction Permit or License (Mar. 1999). FCC Forms 301 and 316 are currently being updated to require the same attribution information required in FCC Forms 314 and 315. FCC Form 323, Ownership Report (Sept. 2000). See 47 C.F.R. § 0.457; In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order, 13 FCC Rcd 24816 (1998). Section 0.459 of the Commission's rules set forth the requirements for filing a request that information submitted to the Commission not be made routinely available for public inspection. 47 C.F.R.
• http://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf http://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.wp
  • CBT Comments at 2. 45 12 FCC Rcd at 5156, citing Commission Taking Tough Measures Against Frivolous Pleadings, 11 FCC Rcd 3030 (1996). 46 NECA Comments at 5; Sprint Comments at 5-6. 47 E.g., Crawford Comments at 2 (expressing concern about mass electronic mail filings). 48 SBC Comments at 3 n.2; Ameritech Comments at 2. 49 See 47 C.F.R. §§ 0.457, 0.459. 9 O Security measures make it more difficult for members of the public to use electronic filing. A major goal of the ECFS is to make it easier to file information with, and retrieve information from, the FCC. Unlike specialized FCC activities, rulemakings are open to all members of the public. Currently, we have no special security checks for
• http://transition.fcc.gov/Bureaus/OMD/News_Releases/2001/nrmd0106.pdf http://transition.fcc.gov/Bureaus/OMD/News_Releases/2001/nrmd0106.txt
  • must be disposed of before entering the building. Overnight Delivery Service: If filed by overnight delivery service other than U.S. Postal Service Express and Priority Mail, filings must be received at the Commission's headquarters at 445 12th Street, S.W., Washington, D.C. 20024. The Commission will divert those deliveries to the Capitol Heights facility. Documents filed under seal pursuant to section 0.457 or 0.459 of the Commission's rules should be submitted by hand delivery or overnight delivery service other than U.S. Postal Service Express and Priority Mail to ensure confidential treatment under those rules. Until further notice, parties filing Covered Pleadings electronically (either via electronic mail or facsimile) in accordance with the procedures set forth herein will not be required to file
• http://transition.fcc.gov/Bureaus/OMD/Orders/fcc01345.pdf http://transition.fcc.gov/Bureaus/OMD/Orders/fcc01345.txt
  • filed by overnight delivery service other than U.S. Postal Service Express and Priority Mail, filings must be received at the Commission's headquarters at 445 12th Street, S.W., Washington, D.C. 20024. As noted in the October 17 and October 18, 2001 public notices, the Commission will divert those deliveries to the Capitol Heights facility. Documents filed under seal pursuant to section 0.457 or 0.459 of the Commission's rules should be submitted by hand delivery or overnight delivery service to ensure confidential treatment under those rules. 8. Until further notice, parties filing Covered Pleadings electronically (either via electronic mail or facsimile) in accordance with the procedures set forth herein will not be required to file a paper original with the Office of the
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210104-1.pdf
  • to a wide variety of entities, including potential competitors. 67 See NPRM ¶ 153. 68 See discussion of "readily achievable" standards, Section III infra. -55- The FCC requested comment on ways to protect the confidentiality of information provided during the complaint process, referencing confidentiality protections provided in its regulations in connection with FOIA requests and discovery. See 47 C.F.R. §§ 0.457(d), 0.457(g) and 1.731. Section 1.731 limits disclosure of information obtained through discovery, that is designated proprietary, to particular persons for use only in the complaint proceedings, and only to the extent necessary to assist in prosecution or defense of such complaint. However, § 1.731 places the burden of proof on the party designating documents as proprietary to prove they are
• http://transition.fcc.gov/eb/Orders/2001/fcc01018.doc http://transition.fcc.gov/eb/Orders/2001/fcc01018.html
  • individual or company with multiple cable holdings, you should furnish separate profit and loss statements for each entity you own or control, or a consolidated profit and loss statement. You are advised that all financial data furnished with your response will be routinely available for public inspection absent a request for nondisclosure setting forth the reasons therefor pursuant to Section 0.457(d)(2)(i) of the Commission's Rules. If you have any questions concerning this forfeiture proceeding please communicate them in writing to: Federal Communications Commission Cable Services Bureau Washington, D.C. 20554 or contact Commission staff personnel by telephone at (202) 418-2355 or by FAX at (202) 4l8-1189. Washington D. C. 20554 NOTICE OF APPARENT LIABILITY CONTROL NO: X12000004 In response to a Notice
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  • the alleged violation occurred.11 The NAL issued by the Tampa Office fully complied with these requirements. To the extent that Mr. Sarmiento seeks additional investigatory records and information, including identification of the complainants that initiated the investigation and copies of all documents generated in the investigation, we note that such records are not routinely available for public inspection under Section 0.457 of the Rules12 and that any requests for such records must be made in accordance with the Freedom of Information Act procedures set forth in Section 0.461 of the Rules.13 10. Section 301 of the Act prohibits radio operation ``except under and in accordance with this Act and with a license in that behalf granted under the provisions of this
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  • dated May 28, 2003, (``letter'') at 4. 5 See Letter from Brian M. Madden, Esq., Dennis P. Corbett, Esq. and Jean W. Benz, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. 6 See Confidentiality Request. 7 Id. at 1. 8 Id. at 2. 9 5 U.S.C. 552. 10 See 47 C.F.R. 0.457; Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order in GC Docket No. 96-55, 13 FCC Rcd 24816 (1998), recon. denied, 14 FCC Rcd 20128 (1999)(``Confidential Treatment Order''). 11 47 C.F.R. 0.459(a). See Confidential Treatment Order, 13 FCC Rcd at 24821. 12 47 C.F.R. 0.459(d). See Confidential Treatment Order, 13 FCC Rcd
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  • E. Ashton Johnson, Esquire and Paul W. Jamison, Esquire, from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (DA 03-2681, rel. Aug. 15, 2002), the Wireless Telecommunications Bureau denied a similar request by Star with regard to other materials that it submitted to the Commission regarding this matter. 6 47 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3521A1.html
  • Enforcement Bureau, Federal Communications Commission dated July 31, 2003. In addition to this letter and the Confidentiality Request, the LOI response contained a memo, declarations, a privilege log listing numerous documents that were withheld based on attorney-client privilege, and three boxes of documents. 4 See Confidentiality Request at 1. 5 Id. 6 47 C.F.R. 0.459. 7 47 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an "explanation of the degree to which the
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-300A1.html
  • 2-3. 14 Id. 15 Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order in GC Docket No. 96-55, 13 FCC Rcd 24816 (1998), recon. denied, 14 FCC Rcd 20128 (1999)(``Confidential Treatment Order''). 16 47 C.F.R. 0.459(b). These categories reflect the exemptions from disclosure set forth in the FOIA, 5 U.S.C. 552(b). Section 0.457 set forth categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the information
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1242A1.html
  • 6 (Enf. Bur. 2001). 16 Response at 3. 17 NAL at 10. 18 Specifically, Petracom offered to address its financial difficulties ``separately on a confidential basis, and will file with the FCC appropriate financial material.'' Response at 3. However, under the Rules and precedent, Petracom's request for confidentiality had to accompany its submitted material (i.e., financial documentation). See 47 C.F.R. 0.457(d)(2), see also KYOO-Communications, 16 FCC Rcd 9291, 9292 5 (Enf. Bur. 2001); Callais Cablevision, Inc., 16 FCC Rcd 1359, 1366-67 (2001). 19 Outside of the instant case, the FCC has received notice that Petracom has filed for Chapter 11 bankruptcy. However, it appears that the Commission has notice that Petracom filed for bankruptcy. See Petracom Joplin, supra, at note 15.
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1377A1.html
  • a regulatory compliance officer charged with oversight of personnel responsible for ensuring that switching power supply battery chargers comply with all applicable Rules prior to importation and marketing. Schumacher will submit details of its RCP to the Bureau no later than thirty (30) days after the Effective Date. Schumacher may submit its RCP on a confidential basis pursuant to Sections 0.457 and 0.459 of the Commission's Rules.9 12. The Parties acknowledge and agree that this Consent Decree shall constitute a final and binding settlement between Schumacher and the Bureau regarding possible violations of the Act and the Rules prior to the Effective Date of this Consent Decree with respect to the switching power supply battery charger models that Schumacher displayed at
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1648A1.html
  • Spectrum Enforcement Division, Enforcement Bureau (April 26, 2004) (``Response''). 3 Letter from Mace J. Rosenstein, Esq. and David L. Martin, Esq., Hogan & Hartson, L.L.P., to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau (April 26, 2004) (``Confidentiality Request''). 4 Confidentiality Request at 1. 5 Id. 6 Id. 7 Id. at 2. 8 47 C.F.R. 0.459. 9 47 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an "explanation of the degree to which the
• http://transition.fcc.gov/eb/Orders/2004/DA-04-173A1.html
  • Corporation (``AT&T'') for confidential treatment and other relief relating to eleven pages of documents (``the Subject Documents'') that complainant AudioText International, Ltd. (``AudioText'') included in the appendix to the formal complaint that AudioText filed with the Commission under section 208(a) of the Communications Act of 1934, as amended (``Act'').1 AT&T seeks confidential treatment of the Subject Documents pursuant to sections 0.457 and 0.459 of our rules,2 on the grounds that they are protected by the attorney-client and attorney work product privileges.3 AudioText opposes AT&T's request.4 As explained below, we deny AT&T's requests relating to the Subject Documents, because we find that AT&T has waived any attorney-client privilege and/or work product protection that may have once attached to these documents. II. FACTUAL
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2543A1.html
  • wife of a baseball pitcher, told her on the air that she was ``hot,'' and asked whether ``she had a date for Thursday's game.'' The radio personality then broadcast the conversation without informing the widow. Despite the complaint being initiated by someone other then the recipient of the call, the Bureau found the station liable for forfeiture. 12 47 C.F.R. 0.457(g)(3); see also William McConnell, Broadcasting and Cable, Memorandum Opinion and Order, 18 FCC Rcd 26371, 4 (2003) (Enforcement Bureau properly granted respondent's request for confidential treatment of names supplied in response to an investigation, finding that release of the information ``could reasonably be expected to `constitute an unwarranted invasion of personal privacy.''' Lenona E. Shook, Memorandum Opinion and Order, FCC
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3189A1.html
  • Butler, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, from Douglas L. Povich, Esq. (December 17, 2003). 6 VIA states that it manufactures eight EPIA CPU boards, but only imports four of these boards into the U.S. Of these four EPIA boards, VIA claims that only the EPIA-M and EPIA-CL were shipped with the SSC function disabled. 7 Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. 0.457 and 0.459, VIA requested confidential treatment of certain information submitted in response to its LOI, including the specific number of EPIA boards shipped to the U.S. VIA asserts that the shipment figures represent market size information and potential sales figures for its EPIA boards, information that would customarily be guarded from competitors,
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3253A1.html
  • especially appropriate. III. DISCUSSION 3. Section 0.459 of the Rules establishes a procedure by which parties may request that information or materials that they have submitted to the Commission not be routinely available for public inspection.2 The rule requires that each such request shall contain a statement of the reasons for withholding the materials from inspection as described in Section 0.457 of the Rules,3 and of the facts on which this record is based, including in part (1) identification of the specific information, (2) an explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged, (3) an explanation of the degree to which the information concerns a service that is subject
• http://transition.fcc.gov/eb/Orders/2004/DA-04-906A1.html
  • regulatory compliance officer charged with oversight of personnel responsible for ensuring that switching power supply battery chargers comply with all applicable Commission Rules prior to importation and marketing. Vector will submit details of its RCP to the Bureau no later than thirty (30) days after the Effective Date. Vector may submit its RCP on a confidential basis pursuant to Sections 0.457 and 0.459 of the Commission's Rules.5 13. Vector agrees that it will file a motion to withdraw its petition for reconsideration of the September 23, 2003 Public Notice within five (5) days after the Effective Date of this Consent Decree. The Bureau agrees that it will grant Vector's motion and dismiss the petition for reconsideration. 14. The Parties acknowledge and
• http://transition.fcc.gov/eb/Orders/2005/DA-05-3062A1.html
  • arising out of, relating to, or resulting from an act of terrorism'' where qualified anti-terrorism technologies have been deployed. Sellers that wish to be awarded SAFETY Act protections for such technologies must submit an application to the Department of Homeland Security. 4Response to LOI at 1. 5Id. 6Id. at 2. 7Id. 8Id. 9Id. 1047 C.F.R. 0.459. 1147 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the
• http://transition.fcc.gov/eb/Orders/2005/DA-05-345A1.html
  • 47 C.F.R. 2.803(a). 5 Letter to Thomas P. Schluep, Vice President, Engineering, B.E.A., Inc., from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (October 12, 2004). 6 Letter from Thomas P. Schluep, Vice President, Engineering, B.E.A., Inc., to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (October 26, 2004) (``Response''). 7 Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. 0.457 and 0.459, B.E.A. requested confidential treatment of certain information submitted in its response, including the specific number of MS-07, Wizard and Falcon models sold in the United States, asserting that these figures constitute trade secrets and commercial or financial information customarily guarded from competitors. B.E.A. argues that disclosure of these figures would
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
  • and the type of documents available for public inspection at those reference rooms. Section 0.455 of the Rules lists other locations at which records may be inspected, and the type of records that are available for public inspection at those locations. 47 C.F.R. S 0.461. See Octavio Sarmiento, Jr., 17 FCC Rcd 25277 (EB 2002). See also 47 C.F.R. S 0.457. 47 U.S.C. SS 302a(b), 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 2.803(a)(1), 2.815(c). 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. Federal Communications Commission DA 07-1313 1 4 Federal Communications Commission DA 07-1313 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.doc
• http://transition.fcc.gov/eb/Orders/2007/DA-07-787A1.html
  • III. DISCUSSION 3. Section 0.459 of the Commission's Rules ("Rules") establishes a procedure by which parties may request that information or materials that they have submitted to the Commission not be routinely available for public inspection. The rule requires that each such request shall contain a statement of the reasons for withholding the materials from inspection as described in Section 0.457 of the Rules, and of the facts upon which those records are based, including in part (1) identification of the specific information for which confidential treatment is requested, (2) an explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged, (3) an explanation of the degree to which the information
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-100A1.html
  • the provisions of SS 15.107(e) and 15.109(g) must be tested following the ANSI C63.4 procedure described in paragraph (a)(3) of this section"). See FCC Accepts Accreditation of European Laboratories for Declaration of Conformity Testing, Public Notice, 13 FCC Rcd 16626 (OET 1998). See supra note 39. Response at 9. Id. at 6. Id. Id. at Exhibit 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. SS 0.457 and 0.459, Behringer requested confidential treatment of the "Comparative Analysis of Identical Behringer Products," asserting that the material contains "commercially sensitive information ... the disclosure of which could result in substantial competitive harm." Response at Exhibit 5. Having reviewed the material, we agree with Behringer and will accord the material confidential
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1937A1.html
  • digital device is "[a] digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments." 47 C.F.R. S: 15.3(i). Class B devices are subject to stricter conducted and radiated emission limits than Class A devices. See 47 C.F.R. S:S: 15.107 and 15.109. LOI Response at 3. Id. at 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. S:S: 0.457 and 0.459, Microboards requested confidential treatment of certain information submitted in its LOI Response, including the specific number of units of the Orbit 3 Disc Duplicator and the MicroOrbit Disc Duplicator sold in the United States, asserting that this information is commercially sensitive and has not been previously disclosed. Microboards asserted
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2488A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2489A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2490A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2491A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2492A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2493A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2494A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2495A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2496A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2497A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2498A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2499A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2500A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://transition.fcc.gov/eb/Orders/2009/DA-09-225A1.html
  • the LMA with the Commission, as required by Section 73.3613 of the Rules. See id. at 11). See also Letter from Gregory L. Masters, Esq., counsel for D.B. Zwirn & Co., L.P., D.B. Zwirn Special Opportunities Fund, L.P., Bernard Radio LLC, and Straight Way Radio, LLC, to Marlene H. Dortch, Secretary, Federal Communications Commission, dated October 6, 2008. Citing Sections 0.457(d), 0.457(f), 0.457(g)(1)-(2), and 0.459(b) of the Rules, Zwirn requested confidential treatment of its LOI responses; the Bureau has not yet ruled on the request. Notwithstanding the foregoing, the Bureau retains its authority to investigate the conduct of Dr. Glenn Cherry, Board of Directors member and former President/CEO of Tama, and of Charles W. Cherry II, Board of Directors member and
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1258A1.html
  • be presumed to be confidential" and that public access to outage reports may be sought only pursuant to the procedures set forth in Section 0.461 of the Rules which addresses requests for inspection of materials not routinely available for public inspection. 47 C.F.R. S: 4.2; see also 47 C.F.R. 0.461. On March 30, 2009, the Commission added a new Section 0.457(d)(1)(vii) of the Rules, 47 C.F.R. S: 0.457(d)(1)(vii), to further codify the confidential treatment of network outage reporting. This new Section became effective on April 29, 2009. See 74 FR 14,078 (March 30, 2009). Section 312(f)(1) of the Act defines "willful" as "the conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate" the law. 47
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1268A1.html
  • from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Kathleen Grillo, Vice President, Federal Regulatory, Verizon (January 4, 2010). See Letter from Mark J. Montano, Assistant General Counsel, Verizon to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (February 3, 2010). Verizon requested its Response and associated documents be accorded confidential treatment. Pursuant to 47 C.F.R. S: 0.457(d)(vi), Verizon's outage report is not routinely available for public inspection. Pursuant to 47 C.F.R. S: 0.459(d)(3), we will accord the other materials confidential treatment until any request for inspection is made, and will rule on Verizon's request at that time. "Willful" is defined as the "the conscious and deliberate commission or omission of [any] act, irrespective of any intent to
• http://transition.fcc.gov/eb/Orders/da001524.doc http://transition.fcc.gov/eb/Orders/da001524.html http://transition.fcc.gov/eb/Orders/da001524.txt
  • on 938.500 MHz and 938.1000 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J. Gizzo's request for confidentiality IS GRANTED, and that the financial documents submitted with her response to the NAL SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457(d) and 0.459 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Sandra J. Gizzo, 3661 Maryland Parkway, Suite 41, Las Vegas, Nevada 89109, and to her counsel, Russell H. Fox, Gardner, Carton & Douglas, 1301 K Street, N.W., Suite 900, Washington, D.C. 20005-3317. FEDERAL COMMUNICATIONS COMMISSION
• http://transition.fcc.gov/eb/Orders/fcc00254.doc http://transition.fcc.gov/eb/Orders/fcc00254.txt
  • Nothing in this Consent Decree shall limit Qwest's right to claim that the information requested is non-releasable proprietary information under the Freedom of Information Act, 5 U.S.C. § 522(b) and/or the Trade Secrets Act, 18 U.S.C. § 1905. The Commission agrees to allow Qwest an opportunity to establish such claims in accordance with the Commission's rules at 47 C.F.R. §§ 0.457, 0.459. Qwest represents that it has satisfied the complaints filed with the Commission by the thirty consumers that gave rise to the Commission's NAL. The Commission further agrees that in the absence of substantial additional and material facts, it shall not on its own motion institute forfeiture proceedings against Qwest based on informal complaints of unauthorized PIC changes occurring before
• http://transition.fcc.gov/eb/Orders/fcc0092.doc http://transition.fcc.gov/eb/Orders/fcc0092.html http://transition.fcc.gov/eb/Orders/fcc0092.txt
  • 271 Order at ¶ 83. Bell Atlantic New York 271 Order at ¶ 159. See Letter from Edward D. Young, III, Sr. Vice President-Regulatory, Bell Atlantic Network Services, Inc. to David H. Solomon, Chief, Enforcement Bureau dated February 14, 2000, at 2. Bell Atlantic has requested confidential treatment of some of the information contained in its submission pursuant to sections 0.457 and 0.459 of the Commission's rules and, on February 17, 2000, submitted a redacted version of the letter and attachments. 47 C.F.R. §§ 0.457, 0.459. This Consent Decree cites to and relies on only the non-confidential portions of Bell Atlantic's submission from its February 17, 2000 letter. See Letter from Dee May, Director, Federal Regulatory, Bell Atlantic to David H.
• http://transition.fcc.gov/fees/2000oetguide.doc http://transition.fcc.gov/fees/2000oetguide.pdf http://transition.fcc.gov/fees/2000oetguide.txt
  • in identification of (presently certified) equipment" filing, 47 CFR, Section 2.937 and shall be accompanied by the requisite fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information in an application for equipment authorization from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d) of the rules. A request for confidentiality submitted at the same time as a request for a grant of equipment authorization must include the required $145.00 fee, in addition to the requisite fee for the request for Certification. 4/ Licensees and permittees of TV broadcast and low power TV stations may only conduct subscription operations by using an encoding system
• http://transition.fcc.gov/foia/cfr.html
  • government agencies of information submitted to the Commission in confidence. 47 C.F.R. 0.443 General information office. [21]47 C.F.R. 0.445 Publication, availability and use of opinions, orders, policy statements, interpretations, administrative manuals, and staff instructions. [22]47 C.F.R. 0.451 Inspection of records: Generally. [23]47 C.F.R. 0.453 Public reference rooms. [24]47 C.F.R. 0.455 Other locations at which records may be inspected. [25]47 C.F.R. 0.457 Records not routinely available for public inspection. [26]47 C.F.R. 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. [27]47 C.F.R. 0.460 Requests for inspection of records which are routinely available for public inspection. [28]47 C.F.R. 0.461 Requests for inspection of materials not routinely available for public inspection. [29]47 C.F.R. 0.463 Demand by competent authority
• http://transition.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • SAC 253 0 0 SP 223 2 71 SPRTS 169 1 2 T 407 0 1 T/CL AOR 7 0 0 T/FS 3 0 0 T/J 5 0 0 UNK 6 0 0 43 Table 9: Cross Sectional Evidence on Minority Ownership and Programming Black-Targeted Stations Hispanic-Targeted Stations 1993 1997 1993 1997 Constant 0.770* (0.106) 0.225 (0.317) 1.215* (0.136) 0.709 (0.457) 0.278* (0.099) 0.622* (0.257) 0.367* (0.124) 0.730* (0.369) Number of Black- Owned Stations 1.152* (0.083) 0.685* (0.101) 1.312* (0.119) 0.900* (0.130) Number Hisp.- Owned 2.136* (0.163) 1.144* (0.150) 2.537* (0.166) 1.518* (0.167) Number of Stations -0.018 (0.019) 0.038 (0.026) 0.049* (0.016) 0.092* (0.022) Number of Formats 0.073 (0.047) -0.046 (0.056) -0.144* (0.038) -0.191* (0.044) Black Pop. 1993 6.063* (1.061) 7.383*
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • set of procedures, contained in Part 1 of our rules. To the 76 Federal Communications Commission FCC 99-239 In-Sync Comments at 4, n.7. 77 218-219 Group Comments at 3. 78 218-219 MHz Flex NPRM, 13 FCC Rcd at 19083. 79 In-Sync Comments at 4; EON Reply Comments at 1; Coalition Corrected Reply Comments at 10. 80 See 47 C.F.R. §§ 0.457-0.459. 81 This procedure will not limit an existing licensee's ability to elect the regulatory status for its licenses under 82 Section 95.807; rather, it provides an option for those licensees who believe that the competitive disadvantage associated with providing information for such an election outweighs the benefits of the additional flexibility in regulatory status and associated permissible communications. ITV Comments
• http://wireless.fcc.gov/auctions/08/releases/r&odbs.pdf http://wireless.fcc.gov/auctions/08/releases/r&odbs.txt http://wireless.fcc.gov/auctions/08/releases/r&odbs.wp
  • purchase; below market financing). As we have previously stated, we believe that such a filing requirement will not be a burden on licensees, which will have to prepare the documents to be submitted to the Commission in any event, and 377/ any competitive concerns raised by the possible disclosure of sensitive information can be addressed by the provisions in Sections 0.457 and 0.459 of our Rules, 47 C.F.R. §§ 0.457 & 0.459, providing for the nondisclosure of information. 205.Performance Requirements. In implementing auction procedures, the Commission is required under Section 309(j) to include performance requirements "to ensure prompt delivery of service to rural areas, to prevent stockpiling or warehousing of spectrum by licensees or permittees, and to promote investment in and
• http://wireless.fcc.gov/auctions/16/releases/da982496.pdf http://wireless.fcc.gov/auctions/16/releases/da982496.txt http://wireless.fcc.gov/auctions/16/releases/da982496.wp
  • Industrial/Land Transportation frequencies in the context of the Commission's rulemaking proceeding to implement the Balanced Budget Act take effect, or until the Commission takes action pursuant to Southern's other related pending requests. In this connection, we conclude that those stations constructed and placed in operation by 69 Federal Communications Commission DA 98-2496 47 C.F.R. § 90.629(e). 70 47 C.F.R. §§ 0.457(d), 0.459. 71 The FOIA is codified at 5 U.S.C. § 552. This procedure is outlined at 47 C.F.R. § 0.459(d)(2). 72 See 5 U.S.C. § 552(b)(4). 73 Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1290 (D.C. Cir. 1983); see Examination of 74 Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order,
• http://wireless.fcc.gov/auctions/17/releases/fc000044.doc http://wireless.fcc.gov/auctions/17/releases/fc000044.pdf http://wireless.fcc.gov/auctions/17/releases/fc000044.txt
  • Form 175 application in which it sought a 35 percent bidding credit. As required by Commission rules, Northeast included an Exhibit C that listed the prior three years' gross revenues and an average of those gross revenues to support its claimed eligibility for a bidding credit. Northeast requested that this information be withheld from the public, as provided in Sections 0.457(d) and 0.459 of the Commissions' Rules. Northeast argued that these financial data were entitled to confidentiality because: (1) it is a closely held corporation; (2) the financial information submitted was not related to determining whether Northeast was qualified to be a licensee; (3) the information is not of the type that Northeast would normally make available to the public; and
• http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.wp
  • that Mercury did not possess the requisite basic qualifications to remain a Commission licensee. 57 17. The Bureau's Order stated that its actions were based upon the continuation of the ongoing investigation which would lead to a determination of whether Mercury violated the Federal Communications Commission DA 97-2324 Order, ¶ 7. 58 NALF, ¶ 24. 59 See 47 C.F.R § 0.457(d). 60 High Plains' Opposition at 8. 61 See Letter to Thomas Gutierrez, Esq., from Howard Davenport, Chief, Enforcement and Consumer Information 62 Division, Wireless Telecommunications Bureau (Oct. 20, 1997). See In the Matter of Applications of Mercury PCS II, LLC for Authority to Construct and Operate Broadband PCS 63 Systems on Frequency Blocks D, E, and F, Protective Order (rel.
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00273.doc
  • individual or company with multiple cable holdings, you should furnish separate profit and loss statements for each entity you own or control, or a consolidated profit and loss statement. You are advised that all financial data furnished with your response will be routinely available for public inspection absent a request for nondisclosure setting forth the reasons therefor pursuant to Section 0.457(d)(2)(i) of the Commission's Rules. If you have any questions concerning this forfeiture proceeding, please communicate in writing to: Federal Communications Commission Cable Services Bureau 445 12th Street, S.W. Washington, D.C. 20554 or contact Commission staff personnel by telephone at (202) 418-1055 or by FAX at (202) 4l8-1069. Washington D. C. 20554 NOTICE OF APPARENT LIABILITY CONTROL NO: X12000002 In response
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • uniform rate requirement of the 1992 Cable Act). 32647 C.F.R. § 76.1003. 327See NCTA Comments at 48; Fleischman Comments at 35; Time Warner Comments at 42; WCA Comments at 8-10. 328E.g., Fleischman Comments at 30-35; Time Warner Comments at 42-43. 32947 C.F.R. § 76.1003(h). 3301998 Biennial Regulatory Review, FCC 98-348 at para. 15. 33147 C.F.R. § 76.7. 33247 C.F.R. §§ 0.457, 0.459. 33347 C.F.R. §§ 76.7(f), 76.9, as amended in 1998 Biennial Regulatory Review, Appendix A, § 76.7(f), § 76.9. 50 113. Time Warner has asked that MDU rates based on regulations promulgated under the 1992 Cable Act not be made subject to new provisions.324 We agree that bulk discounts permissible under the standards in effect when they were implemented should
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000978.doc
  • individual or company with multiple cable holdings, you should furnish separate profit and loss statements for each entity you own or control, or a consolidated profit and loss statement. You are advised that all financial data furnished with your response will be routinely available for public inspection absent a request for nondisclosure setting forth the reasons therefor pursuant to Section 0.457(d)(2)(i) of the Commission's Rules. If you have any questions concerning this forfeiture proceeding please communicate them in writing to: Federal Communications Commission Cable Services Bureau Washington, D.C. 20554 or contact Commission staff personnel by telephone at (202) 418-1055 or by facsimile at (202) 4l8-1069. Washington, D.C. 20554 NOTICE OF APPARENT LIABILITY CONTROL NO: X12000001 In response to a Notice of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da981490.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da981490.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da981490.wp
  • of Confidential Information. 22. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. 23. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d). FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief, Common Carrier Bureau Federal Communications Commission DA 98-1490 9 Attachment A: DECLARATION In the Matter of Federal-State Joint Board on Universal Service, Forward-Looking Mechanism for High Cost Support for Non-Rural LECs (CC Docket Nos. 96-45, 97-160). I, ____________________, hereby declare under penalty of perjury that I have read the Protective Order that
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • all section 255 complaints in the shortest possible time frame in order to give full effect to accessibility requirements of the Act and our rules. 6. Confidential Treatment of Filings 158. We noted in the NPRM that our enforcement of these rules may often involve evaluation of information which may be considered proprietary business data.326 We noted further that sections 0.457(d), 0.457(g), and 0.459 of our rules327 already provide confidentiality for proprietary information in certain instances and requested comment regarding the need, if any, for additional protective measures.328 Many of the industry commenters strongly support the adoption of additional requirements to protect proprietary business information. Certain of the commenters argue that the Commission should establish a rebuttable presumption that information submitted
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99380.doc
  • The Accounting Safeguards Division Releases Information Concerning Audit Procedures For Considering Requests By The Regional Bell Operating Companies To Reclassify Or "Rescore" Field Audit Findings Of Their Continuing Property Records, Public Notice, 14 FCC Rcd 6243 (1999). Ameritech requested that its submission be kept confidential consistent with section 220(f) of the Act, and not be disclosed publicly pursuant to sections 0.457(d) and 0.459 of the Commission's rules. See Letter from Robin Gleason, Director, Regulatory Finance, Ameritech, to Kenneth M. Ackerman, Chief, Audits Branch (May 1, 1997). SBC marked its submissions ``proprietary.'' BellSouth noted that it did not make a confidentiality request under 47 C.F.R. § 0.459 (letter from M. Robert Sutherland, General Attorney, BellSouth, to Andrew S. Fishel, Managing Director (July
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99397.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99397.txt
  • that, if necessary, we can request a mid-sized carrier to provide a theoretical reserve study. Further, we note that incumbent LECs with individual annual operating revenues below the indexed revenue threshold continue to be exempt from the Commission's depreciation prescription process. F. Confidentiality The Commission also sought comment on whether the Commission's existing confidentiality procedures, contained in 47 C.F.R. §§ 0.457 and 0.459 of the Commission's rules, are adequate or whether additional safeguards need to be adopted to protect information that carriers regard as confidential. The only parties to comment on this issue agreed that the Commission's existing confidentiality procedures are sufficient. Accordingly, we find no reason to alter the policies we have in place to protect the confidentiality of carrier
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000771.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000771.txt
  • had submitted on November 4, 1999, an ex parte notice indicating that, on November 3, 1999, it had presented information to Commission staff to justify the proposed discontinuances. AT&T also submitted on November 4, 1999, an additional ex parte notice requesting confidential treatment of certain charts containing privileged commercial or financial information for the 500 and 700 services, under sections 0.457 and 0.459 of the Commission's rules. AT&T December 21, 1999 comments at 2-3. Letter from Sara Robertson - Director, John Donovan - IPIU Unit, Bureau of Business Ethics, to Secretary of the FCC, dated February 16, 2000, stamped received February 22, 2000. See, e.g., Colorado v. United States, 271 U.S. 153 (1926) (application of the public convenience and necessity standard
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000773.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000773.txt
  • of Interim Protective Order. This Interim Protective Order constitutes an Order of the Commission and an agreement between every Reviewing Party executing the attached Declaration, and every Submitting Party. Authority. This Interim Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and 47 C.F.R. §§ 0.91, 0.291, and 0.457(d). FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau ATTACHMENT A: DECLARATION In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45). I, ____________________, hereby declare under penalty of perjury that I have read the Interim Protective Order that has been entered by the Common Carrier Bureau in this docket, and that I agree
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001638.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001638.txt
  • ) CC Docket No. 80-286 Jurisdictional Separations Reform and ) Referral to the Federal-State Joint Board ) ) PROTECTIVE ORDER Adopted: July 21, 2000 Released: July 21, 2000 By the Chief, Accounting Policy Division, Common Carrier Bureau: This Protective Order is intended to facilitate and expedite the review of certain records not routinely available for public inspection pursuant to section 0.457(d)(1)(iii) of the Commission's rules, and/or for which certain parties have requested that the information be withheld from public inspection pursuant to section 0.459 of the Commission's rules. It reflects the manner in which "Confidential Information," as that term is defined herein, is to be treated. 1. Definitions. a. Authorized Representative. "Authorized Representative" shall have the meaning set forth in Paragraph
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001976.doc
  • Wisconsin. On August 14, 2000, Century filed a letter with parts of the intrastate payphone tariffs for its Wisconsin operating companies. Also, on August 14, Verizon North and Wisconsin Bell filed submissions that included parts of their respective intrastate payphone tariffs in Wisconsin, along with cost support with their submissions to justify the rates in their tariffs. Pursuant to Sections 0.457 and 0.459 of the Commission's rules, Verizon North and Wisconsin Bell (individually or collectively, the ``Submitting Party'') each requested confidential treatment of designated portions of their cost support. With respect to their requests for confidential treatment, each Submitting Party alleges that the pay telephone market is highly competitive and that the designated portions of the filed cost support would be
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002006.doc
  • further or renewed disclosure of Confidential Information. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, executing the attached Declaration, and the Submitting Party. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act, as amended, 47 U.S.C. §§ 154(i) and (j), Section 0.457(d) of the Commission's rules, 47 C.F.R. § 0.457(d), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau Attachment A to Protective Order DECLARATION In the Matter of BellSouth Telecommunications, Inc.'s Petition for Pricing Flexibility for
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002132.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002132.txt
  • submissions for those carriers that have pending requests for confidential treatment of such data. ordering clauses Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 1-4, 201-205, 214, 218-220, 254, 303(r), 403, and 410 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, 201-205, 214, 218-220, 254, 303(r), 403, and 410, and sections 0.291, 0.457 and 0.459 of the Commission's rules, 47 C.F.R. §§ 0.291, 0.457, 0.459, the requests for confidential treatment, filed June 30, 2000 by Aliant Communications Co.; filed June 30, 2000 by Bell Atlantic Network Services, Inc.; filed June 29, 2000 by GTE Service Corporation; and filed June 28, 2000 by U S WEST, Inc., ARE DENIED IN PART to the extent
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002133.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002133.txt
  • Information. Effect of Interim Protective Order. This Interim Protective Order constitutes an Order of the Commission and an agreement between every Reviewing Party executing the attached Declaration, and every Submitting Party. Authority. This Interim Protective Order is issued pursuant to sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j), and sections 0.91, 0.291 and 0.457(d) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, and 0.457(d). FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau ATTACHMENT A: DECLARATION In the Matters of Access Charge Reform (CC Docket No. 96-242) Price Cap Performance Review for Local Exchange Carriers (CC Docket No. 94-1) Low-Volume Long-Distance Users (CC Docket No. 99-249) Federal-State Joint Board on Universal
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00114.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00114.pdf
  • must sign the certification Requesting Confidentiality Some information from the FCC Form 477 may be made publicly available. Any respondent to this form may submit a request that information on the FCC Form 477 not be made routinely available for public inspection by so indicating on Line 9 of the form and on the Certification Statement. See also 47 C.F.R. §§0.457, 0.459, 1.7001(d), 43.11(c); Examination of the Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, FCC 98-184 (rel. Aug. 4, 1998). Respondents seeking confidential treatment should provide a separate diskette containing a redacted version of all files. Note that these redacted files must be given different names from the complete filings, as specified above. Redacted data should
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.wp
  • the event that, e.g., a third party files a FOIA request seeking access to information that the submitter seeks to protect, the Commission is required to inform the submitter and afford him or her an opportunity to respond. In the event of an adverse Commission ruling, the submitter is afforded opportunity to seek review of that See 47 C.F.R. §§ 0.457, 0.459. 21 12 decision from the Commission and to appeal to the federal court. Notwithstanding such 21 protections and remedies, we encourage parties to propose alternative means of presenting data which could, on the one hand, ensure that protection is provided in appropriate cases and, on the other, promote overall the public use of submitted data. G. Electronic Filing and
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001068.doc http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001068.txt
  • carriers should be afforded confidential treatment. The Common Carrier Bureau (Bureau) now seeks comment on whether such data should be afforded confidential treatment. Carriers seeking confidential treatment of their wire center line count data claim that such data are trade secrets and commercial or financial information that fall within exemption 4 of the Freedom of Information Act (FOIA) and section 0.457(d) of the Commission's rules. They generally argue that disclosure of such data would cause them substantial competitive harm. As noted in the Line Count Confidentiality Order, we understand their claims to be based on the disaggregated nature of the data, i.e., the filing of line counts in individual wire centers, as opposed to total lines in the study area. In
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002040.doc
  • operating companies in Wisconsin. On August 14, 2000, Century filed a letter with parts of the intrastate payphone tariffs for its Wisconsin operating companies. Also, on August 14, Verizon North and Wisconsin Bell filed submissions that included parts of their respective intrastate payphone tariffs in Wisconsin, along with cost support to justify the rates in their tariffs. Pursuant to Sections 0.457 and 0.459 of the Commission's Rules, Verizon North and Wisconsin Bell each requested confidential treatment of designated portions of their cost support. By order released August 31, 2000 (DA 00-1976), we authorized examination of the submitted materials for which confidential treatment has been sought subject to compliance with a Protective Order. The submissions by TDS Telecommunications Corporation and Century, and
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/fcc00154.doc
  • on a case-by-case basis, and will notify such petitioners of its decision as soon as possible. To ensure consideration of a request for such a preliminary determination prior to June 30, 2000, the fully completed petition (including the alternative information) must be filed with the Commission by May 31, 2000. Confidential Treatment of CALEA Capability Compliance Information. Pursuant to section 0.457(g) of the Commission's rules, the detailed information provided by petitioning carriers to enable the Commission to find that section 103 compliance by the deadline is not reasonably achievable, will not be made routinely available for public inspection. Information not available for public inspection includes that which correlates switch locations, types, software and expected CALEA compliance dates. Petitioning carriers need not
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/01socc.pdf
  • 16.9 3.3 4.7 24.9 0.271MS Missouri 97.0 117.1 (20.0) (52.0) 8.3 3.2 1.8 3.0 8.0 0.365MO Montana 344.2 297.6 46.6 41.6 7.4 3.6 1.6 2.2 7.4 0.020MT Nebraska 311.3 276.2 35.0 19.0 21.9 9.2 5.7 6.8 21.7 0.146NE Nevada 70.2 (4.5) 74.7 58.1 25.1 13.5 8.5 3.0 25.0 0.148NV New Hampshire 43.0 (13.1) 56.1 32.2 25.0 10.4 4.9 9.3 24.6 0.457NH New Jersey (1,178.1) 19.5 (1,197.6) (1,270.2) 205.5 93.4 33.3 77.9 204.6 0.934NJ New Mexico 708.6 626.9 81.8 65.7 23.3 13.5 4.1 5.7 23.2 0.094NM New York 1,679.9 709.0 970.9 731.8 266.1 102.9 35.5 124.3 262.7 3.353NY North Carolina 615.8 574.5 41.3 12.9 126.9 75.5 23.5 26.5 125.5 1.350NC North Dakota 204.1 216.5 (12.4) (15.4) 6.4 2.8 1.4 2.2 6.3 0.022ND
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001524.doc
  • on 938.500 MHz and 938.1000 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J. Gizzo's request for confidentiality IS GRANTED, and that the financial documents submitted with her response to the NAL SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457(d) and 0.459 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Sandra J. Gizzo, 3661 Maryland Parkway, Suite 41, Las Vegas, Nevada 89109, and to her counsel, Russell H. Fox, Gardner, Carton & Douglas, 1301 K Street, N.W., Suite 900, Washington, D.C. 20005-3317. FEDERAL COMMUNICATIONS COMMISSION
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00092.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00092.pdf http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00092.txt
  • 271 Order at ¶ 83. Bell Atlantic New York 271 Order at ¶ 159. See Letter from Edward D. Young, III, Sr. Vice President-Regulatory, Bell Atlantic Network Services, Inc. to David H. Solomon, Chief, Enforcement Bureau dated February 14, 2000, at 2. Bell Atlantic has requested confidential treatment of some of the information contained in its submission pursuant to sections 0.457 and 0.459 of the Commission's rules and, on February 17, 2000, submitted a redacted version of the letter and attachments. 47 C.F.R. §§ 0.457, 0.459. This Consent Decree cites to and relies on only the non-confidential portions of Bell Atlantic's submission from its February 17, 2000 letter. See Letter from Dee May, Director, Federal Regulatory, Bell Atlantic to David H.
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1997/pnet7026.pdf
  • City: State: Country(if foreign address): Zip/Postal Code: E-mail: 8. Does this application include a request for confidentiality for any portion(s) of the data contained in this application pursuant to 47 CFR § 0.459 of the Commission Rules? If "Yes" see instructions. Yes No 9. Does the applicant request that the Commission defer grant of this application pursuant 47 CFR § 0.457(d)(1)(ii)? (See instructions) If so, specify date when grant may be issued: Yes No 10. Type of equipment authorization requested: Certification Type Acceptance Notification 11. Equipment Code: CSR - Scanning Receiver Description of Product as it is Marketed: Equipment will be operated under FCC Rule Part(s): 12. Application is for: Original Equipment (See instructions) Change in identification of presently authorized equipment
• http://www.fcc.gov/Bureaus/International/Notices/2000/fcc00367.doc http://www.fcc.gov/Bureaus/International/Notices/2000/fcc00367.txt
  • from the international settlements policy. (f) Confidential treatment. (1) A carrier providing service on an international route that is exempt from the international settlements policy under paragraph (e)(3) of this section, but that is otherwise required by paragraphs (a) and (b) of this section to file a contract covering that route with the Commission, may request confidential treatment under § 0.457 of this chapter for the rates, terms and conditions that govern the settlement of U.S. international traffic. (2) Carriers requesting confidential treatment under this paragraph must include the information specified in § 64.1001(c) of this chapter. Such filings shall be made with the Commission, with a copy to the Chief, International Bureau. The transmittal letter accompanying the confidential filing shall
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99073.pdf http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99073.txt http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99073.wp
  • A Final Rules Parts 0, 43, 63, and 64 of the Commission's Rules and Regulations (Chapter I of Title 47 of the Code of Federal Regulations) are amended as follows: PART 0 - COMMISSION ORGANIZATION 1. The authority citation for part 0 continues to read as follows: Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. 2. Section 0.457 is amended by adding paragraph (d)(1)(vi) to read as follows: § 0.457 Records not routinely available for public inspection. ***** (d) *** (1) *** (vi) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier that govern the settlement of U.S. international traffic, including the method for allocating return traffic, if the U.S. international
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99367.doc
  • Order. This Protective Order constitutes an Order of the Commission and an agreement between the Reviewing Party, American Distance Education Consortium executing the attached Declaration, and the Submitting Party, EchoStar Communications Corporation. 18. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) and 47 C.F.R. § 0.457(d). APPENDIX A DECLARATION In the Matter of ) ) American Distance Education Consortium ) File No. SAT-PDR-19990803-00077 Request for an Expedited Declaratory ) Ruling and Informal Complaint ) ) I, ______________________________, hereby declare under penalty of perjury that I have read the Protective Order in the above referenced proceeding, and that I agree to be bound by its terms pertaining
• http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01093.doc http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01093.txt
  • Ex Parte APPENDIX B - FINAL RULES AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R parts 0, 20, 42, 43, 61, 63 and 64 as follows: PART 0 - COMMISSION ORGANIZATION The authority citation for part 0 continues to read as follows: Authority: 47 U.S.C. 155. Section 0.457 is amended by revising paragraph (d)(1)(vi) to read as follows: § 0. 457 Records not routinely available for public inspection. ***** (d) *** *** (vi) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier that govern the settlement of U.S. international traffic, including the method for allocating return traffic, if the U.S. international
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
  • 316, Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer of Control of Entity Holding Broadcast Station Construction Permit or License (Mar. 1999). FCC Forms 301 and 316 are currently being updated to require the same attribution information required in FCC Forms 314 and 315. FCC Form 323, Ownership Report (Sept. 2000). See 47 C.F.R. § 0.457; In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order, 13 FCC Rcd 24816 (1998). Section 0.459 of the Commission's rules set forth the requirements for filing a request that information submitted to the Commission not be made routinely available for public inspection. 47 C.F.R.
• http://www.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf http://www.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.wp
  • CBT Comments at 2. 45 12 FCC Rcd at 5156, citing Commission Taking Tough Measures Against Frivolous Pleadings, 11 FCC Rcd 3030 (1996). 46 NECA Comments at 5; Sprint Comments at 5-6. 47 E.g., Crawford Comments at 2 (expressing concern about mass electronic mail filings). 48 SBC Comments at 3 n.2; Ameritech Comments at 2. 49 See 47 C.F.R. §§ 0.457, 0.459. 9 O Security measures make it more difficult for members of the public to use electronic filing. A major goal of the ECFS is to make it easier to file information with, and retrieve information from, the FCC. Unlike specialized FCC activities, rulemakings are open to all members of the public. Currently, we have no special security checks for
• http://www.fcc.gov/Bureaus/OMD/News_Releases/2001/nrmd0106.pdf http://www.fcc.gov/Bureaus/OMD/News_Releases/2001/nrmd0106.txt
  • must be disposed of before entering the building. Overnight Delivery Service: If filed by overnight delivery service other than U.S. Postal Service Express and Priority Mail, filings must be received at the Commission's headquarters at 445 12th Street, S.W., Washington, D.C. 20024. The Commission will divert those deliveries to the Capitol Heights facility. Documents filed under seal pursuant to section 0.457 or 0.459 of the Commission's rules should be submitted by hand delivery or overnight delivery service other than U.S. Postal Service Express and Priority Mail to ensure confidential treatment under those rules. Until further notice, parties filing Covered Pleadings electronically (either via electronic mail or facsimile) in accordance with the procedures set forth herein will not be required to file
• http://www.fcc.gov/Bureaus/OMD/Orders/fcc01345.pdf http://www.fcc.gov/Bureaus/OMD/Orders/fcc01345.txt
  • filed by overnight delivery service other than U.S. Postal Service Express and Priority Mail, filings must be received at the Commission's headquarters at 445 12th Street, S.W., Washington, D.C. 20024. As noted in the October 17 and October 18, 2001 public notices, the Commission will divert those deliveries to the Capitol Heights facility. Documents filed under seal pursuant to section 0.457 or 0.459 of the Commission's rules should be submitted by hand delivery or overnight delivery service to ensure confidential treatment under those rules. 8. Until further notice, parties filing Covered Pleadings electronically (either via electronic mail or facsimile) in accordance with the procedures set forth herein will not be required to file a paper original with the Office of the
• http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/d001760f.doc
  • in identification of (presently certified) equipment" filing, 47 CFR, Section 2.937 and shall be accompanied by the requisite fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information in an application for equipment authorization from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d) of the rules. A request for confidentiality submitted at the same time as a request for a grant of equipment authorization must include the required $145.00 fee, in addition to the requisite fee for the request for Certification. 4/ Licensees and permittees of TV broadcast and low power TV stations may only conduct subscription operations by using an encoding system
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210104-1.pdf
  • to a wide variety of entities, including potential competitors. 67 See NPRM ¶ 153. 68 See discussion of "readily achievable" standards, Section III infra. -55- The FCC requested comment on ways to protect the confidentiality of information provided during the complaint process, referencing confidentiality protections provided in its regulations in connection with FOIA requests and discovery. See 47 C.F.R. §§ 0.457(d), 0.457(g) and 1.731. Section 1.731 limits disclosure of information obtained through discovery, that is designated proprietary, to particular persons for use only in the complaint proceedings, and only to the extent necessary to assist in prosecution or defense of such complaint. However, § 1.731 places the burden of proof on the party designating documents as proprietary to prove they are
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992326.doc
  • return notices, and simultaneously requested that those materials be afforded confidential treatment under the Commission's rules. Aside from referencing different file numbers and return dates for the pending applications, MRA's two requests for confidential treatment are identical in all respects. MRA requests that its materials ``be withheld from public inspection and treated confidentially by the Commission, as required by Sections 0.457, 0.459, and 0.461 of the Commission's Rules.'' In addition, MRA contends that its submission falls within the definition of materials routinely withheld from public inspection under Section 0.457 of the Commission's Rules, and is therefore automatically treated as confidential by operation of our Rules. 3. On November 27, 1998, we received a letter from Bruce Wold, manager of ComSerCo, Inc.,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00044.doc
  • Form 175 application in which it sought a 35 percent bidding credit. As required by Commission rules, Northeast included an Exhibit C that listed the prior three years' gross revenues and an average of those gross revenues to support its claimed eligibility for a bidding credit. Northeast requested that this information be withheld from the public, as provided in Sections 0.457(d) and 0.459 of the Commissions' Rules. Northeast argued that these financial data were entitled to confidentiality because: (1) it is a closely held corporation; (2) the financial information submitted was not related to determining whether Northeast was qualified to be a licensee; (3) the information is not of the type that Northeast would normally make available to the public; and
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00088.doc
  • Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21862, ¶ 54. Id. at 21867-8, ¶¶ 70-71. 47 C.F.R. § 1.2111(a). Id. Omnipoint Petition at 5-7. Id at 6. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348, 2385 (1994). See 47 C.F.R. §§ 0.457-0.459. (continued....) Federal Communications Commission FCC 00-88 Federal Communications Commission FCC 00-88 T r ½ ¾ @ˆþÿ @ˆþÿ � @& k € $ %
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00305.doc
  • Gelico's applications for review. A two-part analysis is required by this proceeding: whether Gelico has met its burden of proving that the documents are confidential within the meaning of FOIA Exemption 4, and, if so, whether Quad has made a persuasive showing that the public interest nevertheless supports disclosure of the materials. See Bureau Decision at 3; 47 C.F.R. § 0.457(d)(2). Gelico complains that the Bureau did not adequately analyze whether its materials are within FOIA Exemption 4. However, the Bureau necessarily assumed that Gelico met its burden under the first part of the analysis. See Bureau Decision at 3. Otherwise, the Bureau would not have proceeded to determine whether the public interest required disclosure. We agree with the Bureau's determination,
• http://www.fcc.gov/Forms/Form445/445.pdf
  • Form 445, addressed to: Secretary Federal Communications Commission Attention: CALEA Monitoring Report 445 12th Street, S.W. Washington, D.C. 20554 Carriers shall file with the Federal Bureau of Investigation one copy of FCC Form 445, addressed to: CALEA Implementation Unit 14800 Conference Center Drive, Suite 300 Chantilly, VA 20151-0450 FCC Form 445 will be treated as presumptively confidential pursuant to section 0.457(g) of the Commission's rules, 47 C.F.R. § 0.457(g), and must be filed under seal by the petitioner. Petitioners must mark the top of each page of their report "Confidential-Not for Public Inspection." Persons seeking access to any information from a section 109(b)(1) proceeding must request such access pursuant to section 0.461 of the Commission's rules, 47 C.F.R. § 0.461. FCC
• http://www.fcc.gov/eb/Orders/2001/fcc01018.doc http://www.fcc.gov/eb/Orders/2001/fcc01018.html
  • individual or company with multiple cable holdings, you should furnish separate profit and loss statements for each entity you own or control, or a consolidated profit and loss statement. You are advised that all financial data furnished with your response will be routinely available for public inspection absent a request for nondisclosure setting forth the reasons therefor pursuant to Section 0.457(d)(2)(i) of the Commission's Rules. If you have any questions concerning this forfeiture proceeding please communicate them in writing to: Federal Communications Commission Cable Services Bureau Washington, D.C. 20554 or contact Commission staff personnel by telephone at (202) 418-2355 or by FAX at (202) 4l8-1189. Washington D. C. 20554 NOTICE OF APPARENT LIABILITY CONTROL NO: X12000004 In response to a Notice
• http://www.fcc.gov/eb/Orders/2002/DA-02-3488A1.html
  • the alleged violation occurred.11 The NAL issued by the Tampa Office fully complied with these requirements. To the extent that Mr. Sarmiento seeks additional investigatory records and information, including identification of the complainants that initiated the investigation and copies of all documents generated in the investigation, we note that such records are not routinely available for public inspection under Section 0.457 of the Rules12 and that any requests for such records must be made in accordance with the Freedom of Information Act procedures set forth in Section 0.461 of the Rules.13 10. Section 301 of the Act prohibits radio operation ``except under and in accordance with this Act and with a license in that behalf granted under the provisions of this
• http://www.fcc.gov/eb/Orders/2003/DA-03-2626A1.html
  • dated May 28, 2003, (``letter'') at 4. 5 See Letter from Brian M. Madden, Esq., Dennis P. Corbett, Esq. and Jean W. Benz, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. 6 See Confidentiality Request. 7 Id. at 1. 8 Id. at 2. 9 5 U.S.C. 552. 10 See 47 C.F.R. 0.457; Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order in GC Docket No. 96-55, 13 FCC Rcd 24816 (1998), recon. denied, 14 FCC Rcd 20128 (1999)(``Confidential Treatment Order''). 11 47 C.F.R. 0.459(a). See Confidential Treatment Order, 13 FCC Rcd at 24821. 12 47 C.F.R. 0.459(d). See Confidential Treatment Order, 13 FCC Rcd
• http://www.fcc.gov/eb/Orders/2003/DA-03-2721A1.html
  • E. Ashton Johnson, Esquire and Paul W. Jamison, Esquire, from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (DA 03-2681, rel. Aug. 15, 2002), the Wireless Telecommunications Bureau denied a similar request by Star with regard to other materials that it submitted to the Commission regarding this matter. 6 47 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the
• http://www.fcc.gov/eb/Orders/2003/DA-03-3521A1.html
  • Enforcement Bureau, Federal Communications Commission dated July 31, 2003. In addition to this letter and the Confidentiality Request, the LOI response contained a memo, declarations, a privilege log listing numerous documents that were withheld based on attorney-client privilege, and three boxes of documents. 4 See Confidentiality Request at 1. 5 Id. 6 47 C.F.R. 0.459. 7 47 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an "explanation of the degree to which the
• http://www.fcc.gov/eb/Orders/2003/FCC-03-300A1.html
  • 2-3. 14 Id. 15 Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order in GC Docket No. 96-55, 13 FCC Rcd 24816 (1998), recon. denied, 14 FCC Rcd 20128 (1999)(``Confidential Treatment Order''). 16 47 C.F.R. 0.459(b). These categories reflect the exemptions from disclosure set forth in the FOIA, 5 U.S.C. 552(b). Section 0.457 set forth categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the information
• http://www.fcc.gov/eb/Orders/2004/DA-04-1242A1.html
  • 6 (Enf. Bur. 2001). 16 Response at 3. 17 NAL at 10. 18 Specifically, Petracom offered to address its financial difficulties ``separately on a confidential basis, and will file with the FCC appropriate financial material.'' Response at 3. However, under the Rules and precedent, Petracom's request for confidentiality had to accompany its submitted material (i.e., financial documentation). See 47 C.F.R. 0.457(d)(2), see also KYOO-Communications, 16 FCC Rcd 9291, 9292 5 (Enf. Bur. 2001); Callais Cablevision, Inc., 16 FCC Rcd 1359, 1366-67 (2001). 19 Outside of the instant case, the FCC has received notice that Petracom has filed for Chapter 11 bankruptcy. However, it appears that the Commission has notice that Petracom filed for bankruptcy. See Petracom Joplin, supra, at note 15.
• http://www.fcc.gov/eb/Orders/2004/DA-04-1377A1.html
  • a regulatory compliance officer charged with oversight of personnel responsible for ensuring that switching power supply battery chargers comply with all applicable Rules prior to importation and marketing. Schumacher will submit details of its RCP to the Bureau no later than thirty (30) days after the Effective Date. Schumacher may submit its RCP on a confidential basis pursuant to Sections 0.457 and 0.459 of the Commission's Rules.9 12. The Parties acknowledge and agree that this Consent Decree shall constitute a final and binding settlement between Schumacher and the Bureau regarding possible violations of the Act and the Rules prior to the Effective Date of this Consent Decree with respect to the switching power supply battery charger models that Schumacher displayed at
• http://www.fcc.gov/eb/Orders/2004/DA-04-1648A1.html
  • Spectrum Enforcement Division, Enforcement Bureau (April 26, 2004) (``Response''). 3 Letter from Mace J. Rosenstein, Esq. and David L. Martin, Esq., Hogan & Hartson, L.L.P., to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau (April 26, 2004) (``Confidentiality Request''). 4 Confidentiality Request at 1. 5 Id. 6 Id. 7 Id. at 2. 8 47 C.F.R. 0.459. 9 47 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an "explanation of the degree to which the
• http://www.fcc.gov/eb/Orders/2004/DA-04-173A1.html
  • Corporation (``AT&T'') for confidential treatment and other relief relating to eleven pages of documents (``the Subject Documents'') that complainant AudioText International, Ltd. (``AudioText'') included in the appendix to the formal complaint that AudioText filed with the Commission under section 208(a) of the Communications Act of 1934, as amended (``Act'').1 AT&T seeks confidential treatment of the Subject Documents pursuant to sections 0.457 and 0.459 of our rules,2 on the grounds that they are protected by the attorney-client and attorney work product privileges.3 AudioText opposes AT&T's request.4 As explained below, we deny AT&T's requests relating to the Subject Documents, because we find that AT&T has waived any attorney-client privilege and/or work product protection that may have once attached to these documents. II. FACTUAL
• http://www.fcc.gov/eb/Orders/2004/DA-04-2543A1.html
  • wife of a baseball pitcher, told her on the air that she was ``hot,'' and asked whether ``she had a date for Thursday's game.'' The radio personality then broadcast the conversation without informing the widow. Despite the complaint being initiated by someone other then the recipient of the call, the Bureau found the station liable for forfeiture. 12 47 C.F.R. 0.457(g)(3); see also William McConnell, Broadcasting and Cable, Memorandum Opinion and Order, 18 FCC Rcd 26371, 4 (2003) (Enforcement Bureau properly granted respondent's request for confidential treatment of names supplied in response to an investigation, finding that release of the information ``could reasonably be expected to `constitute an unwarranted invasion of personal privacy.''' Lenona E. Shook, Memorandum Opinion and Order, FCC
• http://www.fcc.gov/eb/Orders/2004/DA-04-3189A1.html
  • Butler, Assistant Chief, Spectrum Enforcement Division, Enforcement Bureau, from Douglas L. Povich, Esq. (December 17, 2003). 6 VIA states that it manufactures eight EPIA CPU boards, but only imports four of these boards into the U.S. Of these four EPIA boards, VIA claims that only the EPIA-M and EPIA-CL were shipped with the SSC function disabled. 7 Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. 0.457 and 0.459, VIA requested confidential treatment of certain information submitted in response to its LOI, including the specific number of EPIA boards shipped to the U.S. VIA asserts that the shipment figures represent market size information and potential sales figures for its EPIA boards, information that would customarily be guarded from competitors,
• http://www.fcc.gov/eb/Orders/2004/DA-04-3253A1.html
  • especially appropriate. III. DISCUSSION 3. Section 0.459 of the Rules establishes a procedure by which parties may request that information or materials that they have submitted to the Commission not be routinely available for public inspection.2 The rule requires that each such request shall contain a statement of the reasons for withholding the materials from inspection as described in Section 0.457 of the Rules,3 and of the facts on which this record is based, including in part (1) identification of the specific information, (2) an explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged, (3) an explanation of the degree to which the information concerns a service that is subject
• http://www.fcc.gov/eb/Orders/2004/DA-04-906A1.html
  • regulatory compliance officer charged with oversight of personnel responsible for ensuring that switching power supply battery chargers comply with all applicable Commission Rules prior to importation and marketing. Vector will submit details of its RCP to the Bureau no later than thirty (30) days after the Effective Date. Vector may submit its RCP on a confidential basis pursuant to Sections 0.457 and 0.459 of the Commission's Rules.5 13. Vector agrees that it will file a motion to withdraw its petition for reconsideration of the September 23, 2003 Public Notice within five (5) days after the Effective Date of this Consent Decree. The Bureau agrees that it will grant Vector's motion and dismiss the petition for reconsideration. 14. The Parties acknowledge and
• http://www.fcc.gov/eb/Orders/2005/DA-05-3062A1.html
  • arising out of, relating to, or resulting from an act of terrorism'' where qualified anti-terrorism technologies have been deployed. Sellers that wish to be awarded SAFETY Act protections for such technologies must submit an application to the Department of Homeland Security. 4Response to LOI at 1. 5Id. 6Id. at 2. 7Id. 8Id. 9Id. 1047 C.F.R. 0.459. 1147 C.F.R. 0.459(b). Section 0.457 sets forth the categories of records that are not routinely available for public inspection, i.e., accorded confidential treatment, and Section 0.459 sets forth the procedures for submitting requests that material or information be withheld from public inspection. For instance, Section 0.459(b)(3) provides that a request for confidentiality shall, among other things, include an ``explanation of the degree to which the
• http://www.fcc.gov/eb/Orders/2005/DA-05-345A1.html
  • 47 C.F.R. 2.803(a). 5 Letter to Thomas P. Schluep, Vice President, Engineering, B.E.A., Inc., from Joseph P. Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (October 12, 2004). 6 Letter from Thomas P. Schluep, Vice President, Engineering, B.E.A., Inc., to Yasin Ozer, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (October 26, 2004) (``Response''). 7 Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. 0.457 and 0.459, B.E.A. requested confidential treatment of certain information submitted in its response, including the specific number of MS-07, Wizard and Falcon models sold in the United States, asserting that these figures constitute trade secrets and commercial or financial information customarily guarded from competitors. B.E.A. argues that disclosure of these figures would
• http://www.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
  • and the type of documents available for public inspection at those reference rooms. Section 0.455 of the Rules lists other locations at which records may be inspected, and the type of records that are available for public inspection at those locations. 47 C.F.R. S 0.461. See Octavio Sarmiento, Jr., 17 FCC Rcd 25277 (EB 2002). See also 47 C.F.R. S 0.457. 47 U.S.C. SS 302a(b), 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 2.803(a)(1), 2.815(c). 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. Federal Communications Commission DA 07-1313 1 4 Federal Communications Commission DA 07-1313 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.doc
• http://www.fcc.gov/eb/Orders/2007/DA-07-787A1.html
  • III. DISCUSSION 3. Section 0.459 of the Commission's Rules ("Rules") establishes a procedure by which parties may request that information or materials that they have submitted to the Commission not be routinely available for public inspection. The rule requires that each such request shall contain a statement of the reasons for withholding the materials from inspection as described in Section 0.457 of the Rules, and of the facts upon which those records are based, including in part (1) identification of the specific information for which confidential treatment is requested, (2) an explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged, (3) an explanation of the degree to which the information
• http://www.fcc.gov/eb/Orders/2007/FCC-07-100A1.html
  • the provisions of SS 15.107(e) and 15.109(g) must be tested following the ANSI C63.4 procedure described in paragraph (a)(3) of this section"). See FCC Accepts Accreditation of European Laboratories for Declaration of Conformity Testing, Public Notice, 13 FCC Rcd 16626 (OET 1998). See supra note 39. Response at 9. Id. at 6. Id. Id. at Exhibit 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. SS 0.457 and 0.459, Behringer requested confidential treatment of the "Comparative Analysis of Identical Behringer Products," asserting that the material contains "commercially sensitive information ... the disclosure of which could result in substantial competitive harm." Response at Exhibit 5. Having reviewed the material, we agree with Behringer and will accord the material confidential
• http://www.fcc.gov/eb/Orders/2008/DA-08-1937A1.html
  • digital device is "[a] digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments." 47 C.F.R. S: 15.3(i). Class B devices are subject to stricter conducted and radiated emission limits than Class A devices. See 47 C.F.R. S:S: 15.107 and 15.109. LOI Response at 3. Id. at 4. Pursuant to Sections 0.457 and 0.459 of the Rules, 47 C.F.R. S:S: 0.457 and 0.459, Microboards requested confidential treatment of certain information submitted in its LOI Response, including the specific number of units of the Orbit 3 Disc Duplicator and the MicroOrbit Disc Duplicator sold in the United States, asserting that this information is commercially sensitive and has not been previously disclosed. Microboards asserted
• http://www.fcc.gov/eb/Orders/2008/DA-08-2488A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2489A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2490A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2491A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2492A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2493A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2494A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2495A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2496A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2497A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2498A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2499A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2008/DA-08-2500A1.html
  • The provisions of this Protective Order shall not terminate at the conclusion of any potential future formal proceedings that may result from this investigation. 11. Authority. This Order is issued pursuant to Sections 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), Section 4 of the Freedom of Information Act, 5 U.S.C. S: 552(b)(4), and Section 0.457(d)(2) of the Commission's Rules, 47 C.F.R. S: 0.457(d)(2), and is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See, e.g., Adelphia Communications Corp., Time Warner Cable Inc. and Comcast Corp., Applications for Consent to the Assignment and/or Transfer of Control, MB Docket No. 05-192, Order, DA 05-3226 (rel. Dec. 21, 2005) (adopting a second protective
• http://www.fcc.gov/eb/Orders/2010/DA-10-1258A1.html
  • be presumed to be confidential" and that public access to outage reports may be sought only pursuant to the procedures set forth in Section 0.461 of the Rules which addresses requests for inspection of materials not routinely available for public inspection. 47 C.F.R. S: 4.2; see also 47 C.F.R. 0.461. On March 30, 2009, the Commission added a new Section 0.457(d)(1)(vii) of the Rules, 47 C.F.R. S: 0.457(d)(1)(vii), to further codify the confidential treatment of network outage reporting. This new Section became effective on April 29, 2009. See 74 FR 14,078 (March 30, 2009). Section 312(f)(1) of the Act defines "willful" as "the conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate" the law. 47
• http://www.fcc.gov/eb/Orders/2010/DA-10-1268A1.html
  • from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau to Kathleen Grillo, Vice President, Federal Regulatory, Verizon (January 4, 2010). See Letter from Mark J. Montano, Assistant General Counsel, Verizon to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau (February 3, 2010). Verizon requested its Response and associated documents be accorded confidential treatment. Pursuant to 47 C.F.R. S: 0.457(d)(vi), Verizon's outage report is not routinely available for public inspection. Pursuant to 47 C.F.R. S: 0.459(d)(3), we will accord the other materials confidential treatment until any request for inspection is made, and will rule on Verizon's request at that time. "Willful" is defined as the "the conscious and deliberate commission or omission of [any] act, irrespective of any intent to
• http://www.fcc.gov/eb/Orders/da001524.doc http://www.fcc.gov/eb/Orders/da001524.html http://www.fcc.gov/eb/Orders/da001524.txt
  • on 938.500 MHz and 938.1000 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J. Gizzo's request for confidentiality IS GRANTED, and that the financial documents submitted with her response to the NAL SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457(d) and 0.459 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Sandra J. Gizzo, 3661 Maryland Parkway, Suite 41, Las Vegas, Nevada 89109, and to her counsel, Russell H. Fox, Gardner, Carton & Douglas, 1301 K Street, N.W., Suite 900, Washington, D.C. 20005-3317. FEDERAL COMMUNICATIONS COMMISSION
• http://www.fcc.gov/eb/Orders/fcc00254.doc http://www.fcc.gov/eb/Orders/fcc00254.txt
  • Nothing in this Consent Decree shall limit Qwest's right to claim that the information requested is non-releasable proprietary information under the Freedom of Information Act, 5 U.S.C. § 522(b) and/or the Trade Secrets Act, 18 U.S.C. § 1905. The Commission agrees to allow Qwest an opportunity to establish such claims in accordance with the Commission's rules at 47 C.F.R. §§ 0.457, 0.459. Qwest represents that it has satisfied the complaints filed with the Commission by the thirty consumers that gave rise to the Commission's NAL. The Commission further agrees that in the absence of substantial additional and material facts, it shall not on its own motion institute forfeiture proceedings against Qwest based on informal complaints of unauthorized PIC changes occurring before
• http://www.fcc.gov/eb/Orders/fcc0092.doc http://www.fcc.gov/eb/Orders/fcc0092.html http://www.fcc.gov/eb/Orders/fcc0092.txt
  • 271 Order at ¶ 83. Bell Atlantic New York 271 Order at ¶ 159. See Letter from Edward D. Young, III, Sr. Vice President-Regulatory, Bell Atlantic Network Services, Inc. to David H. Solomon, Chief, Enforcement Bureau dated February 14, 2000, at 2. Bell Atlantic has requested confidential treatment of some of the information contained in its submission pursuant to sections 0.457 and 0.459 of the Commission's rules and, on February 17, 2000, submitted a redacted version of the letter and attachments. 47 C.F.R. §§ 0.457, 0.459. This Consent Decree cites to and relies on only the non-confidential portions of Bell Atlantic's submission from its February 17, 2000 letter. See Letter from Dee May, Director, Federal Regulatory, Bell Atlantic to David H.
• http://www.fcc.gov/fcc-bin/audio/DA-09-1283A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1283A1.pdf
  • Section 73.3539 of the Rules and Section 301 of the Act. However, given Licensee's history of compliance with the Rules, we reduce the forfeiture amount to $1,200. ORDERING CLAUSES Accordingly, IT IS ORDERED, that WLVV, Inc.'s request for confidentiality IS GRANTED, and that the financial documents submitted with its response to the NAL SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457 and 0.459 of the Commission's Rules. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.283 and 1.80 of the Commission's Rules, that WLVV, Inc., SHALL FORFEIT the sum of one thousand two hundred dollars ($1,200) to the United States for willfully and repeatedly violating Section 73.3539 of the Commission's Rules
• http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.txt
  • 316, Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer of Control of Entity Holding Broadcast Station Construction Permit or License (Mar. 1999). FCC Forms 301 and 316 are currently being updated to require the same attribution information required in FCC Forms 314 and 315. FCC Form 323, Ownership Report (Sept. 2000). See 47 C.F.R. § 0.457; In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order, 13 FCC Rcd 24816 (1998). Section 0.459 of the Commission's rules set forth the requirements for filing a request that information submitted to the Commission not be made routinely available for public inspection. 47 C.F.R.
• http://www.fcc.gov/fees/2000oetguide.doc http://www.fcc.gov/fees/2000oetguide.pdf http://www.fcc.gov/fees/2000oetguide.txt
  • in identification of (presently certified) equipment" filing, 47 CFR, Section 2.937 and shall be accompanied by the requisite fees. 3/ Pursuant to 47 CFR, Section 0.459 of the rules, a written justification is required for requests to the FCC to withhold certain information in an application for equipment authorization from public inspection pursuant to the provisions of 47 CFR, Section 0.457(d) of the rules. A request for confidentiality submitted at the same time as a request for a grant of equipment authorization must include the required $145.00 fee, in addition to the requisite fee for the request for Certification. 4/ Licensees and permittees of TV broadcast and low power TV stations may only conduct subscription operations by using an encoding system
• http://www.fcc.gov/foia/cfr.html
  • government agencies of information submitted to the Commission in confidence. 47 C.F.R. 0.443 General information office. [21]47 C.F.R. 0.445 Publication, availability and use of opinions, orders, policy statements, interpretations, administrative manuals, and staff instructions. [22]47 C.F.R. 0.451 Inspection of records: Generally. [23]47 C.F.R. 0.453 Public reference rooms. [24]47 C.F.R. 0.455 Other locations at which records may be inspected. [25]47 C.F.R. 0.457 Records not routinely available for public inspection. [26]47 C.F.R. 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. [27]47 C.F.R. 0.460 Requests for inspection of records which are routinely available for public inspection. [28]47 C.F.R. 0.461 Requests for inspection of materials not routinely available for public inspection. [29]47 C.F.R. 0.463 Demand by competent authority
• http://www.fcc.gov/form477/inst.htm
  • statements in a Form 477 can be punished by fine or imprisonment under the Communications Act, 47 U.S.C. 220(e). D. Requesting Confidentiality Filers may submit a request that information in a Form 477 submission not be made routinely available for public inspection by so indicating in item (9) of the filer identification information for that submission. See also 47 C.F.R. 0.457, 0.459, 1.7001(d), 43.11(c); Examination of the Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, FCC 98-184 (rel. Aug. 4, 1998). E. Obligation to File Revisions Filers must submit revised data if the filer discovers a significant error. For counts, a difference amounting to 5 percent or more of the filed number is considered significant and requires
• http://www.fcc.gov/form477/letter-of-agreement-format-2009.pdf
  • rules, we grant you access to these data subject to your agreement to treat this information in accordance with procedural and substantive protections that are equivalent to or greater than those afforded under Federal confidentiality statutes and rules, including the Freedom of Information Act (see 5 U.S.C. § 552(b)), the Trade Secrets Act (see 18 U.S.C. § 1905), and Sections 0.457, 0.459, and 0.461 of the Commission's rules (see 47 C.F.R. §§ 0.457, 0.459, 0.461), specifically including Section 0.461(d)(3). To the extent that Federal confidentiality statutes and rules impose a higher standard of confidentiality than state law, the state is required to adhere to the higher Federal standard. You have represented that you will be acting on behalf of the [name
• http://www.fcc.gov/ib/pd/pf/csreport_2000.pdf
  • the total active circuits grew by 188% to Asia, 149% to Western Europe, 111% to South America, and 108% to Oceania. Table 6 lists the top 30 destinations that account for almost 97% of the total U.S.-activated circuits at 7 A joint venture of AT&T and British Telecommunications, plc. 8 5 U.S.C § 552. See also 47 C.F.R. § § 0.457, 0.459. 9 This report excludes 1995 ­ 1996 data, but that information is contained in our previous reports, which are available on the FCC website http://www.fcc.gov/ib/td/pf/csmanual.html. 10 Terrestrial circuits include circuits carried by both microwave facilities and by terrestrial cables. Terrestrial circuits do not include circuits carried by undersea cables. 11 We received several carriers' revisions on their 1999's data
• http://www.fcc.gov/ib/pd/pf/telecomrules.html
  • under 64.1001(e) of this chapter. (f) Confidential treatment. (1) A carrier providing service on an international route that is exempt from the international settlements policy under paragraph (e)(3) of this section, but that is required by paragraphs (a) and (b) of this section to file a contract covering service on that route with the Commission, may request confidential treatment under 0.457 of this Chapter for the rates, terms and conditions that govern the settlement of U.S. international traffic. (2) Carriers requesting confidential treatment under this paragraph must include the information specified in 64.1001(c) of this Chapter. Such filings shall be made with the Commission, with a copy to the Chief, International Bureau. The transmittal letter accompanying the confidential filing shall clearly
• http://www.fcc.gov/ib/sand/agree/files/mex-bc/am.pdf
  • lobe fn the vertical radiation Fatter% In order to perform the cahdatlon, ignore the negative (-) and use only the absolute vahe of f(e) from thr Table. 1 .ooo 1 .ooo 0.998 o-997 0.994 0.981 0.906 0.932 0.976 0.970 0.963 0.955 0.947 0.936 0.929 0.918 0.908 0.897 0.885 0.873 0.860 0.833 0.805 0.776 0.745 0.714 2:; 0:617 0.584 :*g o:488 0.457 0.427 0,397 0.369 0.341 0.316 0.289 0.265 1.000 1 .OQO 0.998 0.996 0.992 0.988 0.983 0.977 0.970 0.963 0.954 0.945 0,934 0.923 0.912 0.899 0.886 0.873 0.69 0.844 0.828 0.796 0.763 0.728 0.692 0.655 0.619 0.582 0.54 j 0.509 0.473 0.438 0.405 :*:'I:. 0:311 0.283 0.257 0.232 0.208 0.186 1.000 0.999 0.998 0.996 0.990 0.986 0.979 0.971 0.982 0.953 0.942
• http://www.fcc.gov/mb/engineering/76print.html
  • predatory.

    Note 1 to paragraph (c)(3): Discovery procedures for predatory pricing complaints. Requests for discovery will be addressed pursuant to the procedures specified in 76.7(f).

    
    

    Note 2 to paragraph (c)(3): Confidential information. Parties submitting material believed to be exempt from disclosure pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552(b), and the Commission's rules, 0.457 of this chapter, should follow the procedures in 0.459 of this chapter and 76.9.

    
    

    [59 FR 17975, Apr. 15, 1994, as amended at 61 FR 18979, Apr. 30, 1996; 64 FR 35951, July 2, 1999]
    
    
    

    
    [TOP]
    76.985 Subscriber bill itemization.
    

    (a) Cable operators may identify as a separate line item of each regular subscriber

• http://www.fcc.gov/mb/engineering/part76.pdf
  • discounted price is not predatory. Note 1 to paragraph (c)(3): Discovery procedures for predatory pricing complaints. Requests for discovery will be addressed pursuant to the procedures specified in §76.7(f). Note 2 to paragraph (c)(3): Confidential information. Parties submitting material believed to be exempt from disclosure pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552(b), and the Commission's rules, §0.457 of this chapter, should follow the procedures in §0.459 of this chapter and §76.9. [59 FR 17975, Apr. 15, 1994, as amended at 61 FR 18979, Apr. 30, 1996; 64 FR 35951, July 2, 1999] § 76.985 Subscriber bill itemization. top (a) Cable operators may identify as a separate line item of each regular subscriber bill the following: (1) The
• http://www.fcc.gov/mb/peer_review/prrespstudy4.pdf
  • PopPercentBlack 225.78 146.35 0.124 PopPercentHisp -47.25 75.34 0.531 DMAPerCapitaIncome -0.01 0.02 0.697 UnrelatedStationsinDMACount 85.47 63.38 0.179 UnrelatedStationsinDMAPubAffMin -0.31 *** 0.08 0.000 ParentStationsCount -0.04 0.73 0.954 ParentRevenueMillions -0.04 ** 0.02 0.039 OtherCoOwnedStationsinDMACount 15.21 67.36 0.822 OtherCoOwnStationsinDMAPubAffMin -0.13 0.10 0.206 Local Marketing Agreement 13.92 19.08 0.467 MultiNetworkAffil -6.52 22.62 0.774 Locally Owned 19.26 28.87 0.505 O and O Big Four 21.52 28.87 0.457 TV-Radio Crossowned 47.12 36.91 0.203 TV-Newspaper Crossowned -44.45 49.82 0.373 NonCommercial 48.95 147.33 0.740 VHF Channel 4.81 13.65 0.725 Dummy2003 -32.44 44.86 0.470 Dummy2004 154.46 ** 62.48 0.014 Dummy2005 77.01 82.14 0.350 ABC 103.91 *** 21.25 0.000 CBS 52.55 *** 19.15 0.007 PBS 304.83 * 160.96 0.060 NBC 174.01 *** 26.06 0.000 FOX 79.00 *** 18.87 0.000 IND 134.28 ***
• http://www.fcc.gov/ogc/documents/opinions/1997/barthold.html http://www.fcc.gov/ogc/documents/opinions/1997/barthold.wp
  • to the public is "authorized by law" if permitted by a regulation that is: (1) "rooted in a grant of power by the Congress" to limit the scope of the Trade Secrets Act; (2) "substantive," rather than interpretive or procedural; and (3) consistent "with any procedural requirements imposed by Congress" such as the APA. Chrysler, 441 U.S. at 302-03. Section 0.457 of the Commission's regulations permits disclosure of exempt materials to the extent "the policy considerations favoring non-disclosure" are outweighed by factors favoring disclosure. 47 C.F.R. 0.457. The Commission has held that this regulation is "authorized by law" as that phrase was defined by the Supreme Court in Chrysler. In the Matter of Examination of Current Policy Concerning the Treatment of
• http://www.fcc.gov/ogc/documents/opinions/2000/99-1531.html
  • releasing audit-related materials, except in exceptional cases; second, the requested information is confidential commercial information, voluntarily submitted, and thus exempt from release under Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4); and third, the requested information constitutes pre-decisional deliberations and as such, is protected by Exemption 5 of the Freedom of Information Act, 5 U.S.C. 552(b)(5), and 0.457(e) of the Commission's rules, 47 C.F.R. 0.457(e). Qwest indicated that it was opposing only the request for release of data submitted regarding the "not found" and "unverifiable" audit items, explaining that these items "contain[ed] detailed information including pricing in-formation on specific items used in the provision of telecommunications services...." These items, in Qwest's view, were comprised of "highly sensitive business
• http://www.fcc.gov/omd/privacyact/System_of_records/pia-experimental-radio.pdf
  • at: https://fjallfoss.fcc.gov/oetcf/els/index.cfm. 2.11 Have there been any changes to the safeguards that the system manager has in place to protect unauthorized access to the information covered by the system of records notice (SORN)? Yes No Please explain your response: All files are available to the public except: (1) files that are not routinely made publicly available under 47 C.F.R. Section 0.457(d)(1)(ii), and (2) files that have been submitted in compliance with the confidentiality request requirements of 47 C.F.R. Section 0.459. Files not routinely available and files pending or granted confidentiality are marked "NOT FOR PUBLIC INSPECTION" and may only be accessed by FCC employees and contractors who have a "need to know" based on their job duties and responsibilities. The electronic
• http://www.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • SAC 253 0 0 SP 223 2 71 SPRTS 169 1 2 T 407 0 1 T/CL AOR 7 0 0 T/FS 3 0 0 T/J 5 0 0 UNK 6 0 0 43 Table 9: Cross Sectional Evidence on Minority Ownership and Programming Black-Targeted Stations Hispanic-Targeted Stations 1993 1997 1993 1997 Constant 0.770* (0.106) 0.225 (0.317) 1.215* (0.136) 0.709 (0.457) 0.278* (0.099) 0.622* (0.257) 0.367* (0.124) 0.730* (0.369) Number of Black- Owned Stations 1.152* (0.083) 0.685* (0.101) 1.312* (0.119) 0.900* (0.130) Number Hisp.- Owned 2.136* (0.163) 1.144* (0.150) 2.537* (0.166) 1.518* (0.167) Number of Stations -0.018 (0.019) 0.038 (0.026) 0.049* (0.016) 0.092* (0.022) Number of Formats 0.073 (0.047) -0.046 (0.056) -0.144* (0.038) -0.191* (0.044) Black Pop. 1993 6.063* (1.061) 7.383*
• http://www.fcc.gov/transaction/echostar-directv/nrtc_objection031402.pdf
  • Request, the Commission should keep in mind that EchoStar already has a 7 March 5 Letter, p. 2. 8 See Order Adopting Protective Order, In the Matter of EchoStar Communications Corporation, General Motors Corporation and Hughes Electronics Corporation, CS Docket No. 01-348, DA 02-27 (released January 9, 2002) (Protective Order). 9 Id. at fn. 1. 10 See 47 C.F.R. §§ 0.457, 0.459. Page 3 blemished record in complying with the Commission's requirements regarding confidentiality. In a separate proceeding, EchoStar was recently found to have "failed in its duty of candor to the Commission" and admonished for its "casual" treatment of the Commission's confidentially requirements.11 Additionally, in the current proceeding, the Applicants already have been admonished once by the Commission for their
• http://www.fcc.gov/transaction/fox-chriscraft/da01528.pdf
  • Bureau: 1. On December 13, 2000, The News Corporation Limited (News Corp.) offered to provide information regarding the financial condition of The New York Post to assist the Commission in its review of the above-referenced assignment applications, conditioned upon Commission confirmation that "any and all financial information" FTS may provide in the future would be treated as confidential under Sections 0.457 and 0.459 of the Commission's rules. 47 C.F.R. §§0.457 and 0.459. News Corp. asserted that the information was entitled to confidential treatment prior to review by the Commission because it was not the type that would customarily be made available to the public, and because disclosure would cause competitive harm. On December 21, 2000, the Mass Media Bureau issued a
• http://www.fcc.gov/wcb/archives/googlerequest.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit GoogleInc. PublicPolicyDepartment 1101NewYorkAvenue,NW SecondFloor Washington,DC20005 Phone202.346.1100 Fax202.346.1101 www.google.com October28,2009 ViaHandDelivery SharonE.Gillett Chief,WirelineCompetitionBureau FederalCommunicationsCommission 44512thStreetSW Washington,DC20554 Re: REQUESTFORCONFIDENTIALTREATMENT ResponseofGoogleInc.toWirelineCompetitionBureau LetterofOctober9,2009(DA09-2210) DearMs.Gillett: GoogleInc.("Google"),pursuanttosection0.459(a)oftheCommission'sRules, herebyrequestsconfidentialtreatmentoftheunredactedversionoftheattachedOctober 28,2009,letterfromRichardS.Whitt,GoogleInc.,toSharonE.Gillett,Chiefofthe Commission'sWirelineCompetitionBureau("GoogleResponse"). TheGoogleResponsecontainsinformationvoluntarilyprovidedbyGooglethat fallssquarelywithinExemption4oftheFreedomofInformationAct("FOIA"),which providesastatutorybasisforwithholdingfrompublicinspection"mattersthataretrade secretsandcommercialorfinancialinformationobtainedfromapersonandprivilegedor confidential."5U.S.C.§552(b)(4).Seealso47C.F.R.0.457(d)(recordsnotroutinely availableforpublicinspectioninclude"tradesecretsandcommercialorfinancial informationobtainedfromanypersonandprivilegedorconfidential"under5U.S.C.§ 552(b)(4)and18U.S.C.§1905). Specifically,Googlerequestsconfidentialtreatmentofthefollowinginformation pursuanttoExemption4:(1)thenumberofGoogleVoiceusers(providedinresponseto Question2),and(2)thenamesofthirdpartyproviderswithwhomGooglehasentered intocontractstosupplyvarioustelecominputstosupportGoogleVoice(providedin responsetoQuestion5).Significantly,theCommissionhasdeterminedthatsuch informationissubjecttoprotectionagainstdisclosure,notingthat"customerrecordsare amongthemostbasicbusinessrecordsthatacompanyusesinfurtheranceofits commercialactivities."MobileRelayAssociates,14FCCRcd.18919,18922(WTB 1999).JustastheCommissionhasdeterminedthatthenumberofdevicesacompanyhas manufacturedanddistributedshouldbeaccordedconfidentialtreatment,sotoothe GoogleInc. RequestforConfidentialTreatment October28,2009 2 numberofGoogleVoicecustomers"couldbeusedbyitscompetitorstoapproximateits marketshare"andmustbeprotected.SeeIntheMatterofAntennaSystems&Supplies, Inc.,20FCCRcd.18972,¶6(EB2005). ContractswiththirdpartyvendorslikewisehavebeenheldtobesubjecttoFOIA Exemption4.See,e.g.,JudicialWatch,Inc.v.FDA,407F.Supp.2d70,75(D.D.C. 2005)(contractpartynamesare"confidentialcommercialinformationthatisexempt fromdisclosure");Appletonv.FDA,451F.Supp.2d129,142n.7(D.D.C.2006) (protectinginformationregardingthird-partycontractors). TheinformationsubjecttothisrequestiscommercialinformationthatGoogle customarilyguardsfromcompetitorsinthehighlycompetitivemarketforweb-based applications.See47C.F.R.§0.457(d)(2).Googledoesnotroutinelydisclosetothird partiesthecommerciallysensitivematerialforwhichitrequestsconfidentialtreatment. Googlehasestablishedprocedurestoprotectthisinformationinternally,andhasnot previouslydisclosedtheinformation. GooglerespectfullyrequestsnotificationbytheCommissionifreleaseofthe redactedmaterialintheGoogleResponseisrequestedpursuanttotheFOIAorotherwise, sothatGooglemayhaveanopportunitytoopposegrantofanysuchrequest.See47 C.F.R.§0.459(d)(1). Respectfullysubmitted, RichardS.Whitt,Esq. WashingtonTelecomandMediaCounsel GoogleInc. Attachment cc: JohnBranscome