Re: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-20 Thread Frank Muto
That is a good idea, but why not be proactive and let the FCC know the 
concerns you have NOW (call, email or fax) and ask how you can help in the 
litigation. I'm still not clear what this group is trying to really 
accomplish. I'll assume that anyone that filed the 477 has a potential right 
to be a co-defendant in this matter. You may also consult with your attorney 
as well.



Frank Muto
FSM Marketing Group, Inc.








- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]

To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 2:06 PM
Subject: RE: [WISPA] Form 477 Confidentiality Challenged in Court



That's a good view Tom.  Until a decision is made one way or another, we
probably shouldn't jump to conclusions.  However, we should keep a keen 
eye

for a comment period concerning this issue.

Rick Harnish
President
OnlyInternet Broadband  Wireless, Inc.
260-827-2482
Founding Member of WISPA

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Tom DeReggi
Sent: Tuesday, December 19, 2006 1:33 PM
To: WISPA General List
Subject: Re: [WISPA] Form 477 Confidentiality Challenged in Court

I'm glad this is being taken to court. One of the reasons many WISPs don't
file still (even though legally required to), is because they are afraid
that the information will be shared with someone that will result in a
negative effect, whether its the tax collector or competitors.  Proving 
that


this information can or can not be kept confidential will take a load off
the mind of parties that are obligated to file.  Hopefully, the FCC will 
be

victorious and not need to disclose the information.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]

To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 11:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment 
of

their Form 477

information that the public release of this information is being sought. 
The

following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously 
denied

plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would 
cause

harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission's brief in this proceeding is due to be 
filed

with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC -







Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA



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RE: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-20 Thread Mac Dearman
We too received that email. I was wondering if some of us ought to contact
Michael A. Krasnow's office for further info and maybe air our concerns
and the affect that releasing this data will have on future filing!

Mac 



-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Rick Harnish
Sent: Tuesday, December 19, 2006 10:37 AM
To: 'WISPA General List'
Subject: [WISPA] Form 477 Confidentiality Challenged in Court

It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.

 

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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously denied
plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would cause
harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission’s brief in this proceeding is due to be filed
with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC –

 

 

 

Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA

 

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Re: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Tom DeReggi
I'm glad this is being taken to court. One of the reasons many WISPs don't 
file still (even though legally required to), is because they are afraid 
that the information will be shared with someone that will result in a 
negative effect, whether its the tax collector or competitors.  Proving that 
this information can or can not be kept confidential will take a load off 
the mind of parties that are obligated to file.  Hopefully, the FCC will be 
victorious and not need to disclose the information.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]

To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 11:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously denied
plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would cause
harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission's brief in this proceeding is due to be filed
with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC -







Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA



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RE: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Rick Harnish
That’s a good view Tom.  Until a decision is made one way or another, we
probably shouldn't jump to conclusions.  However, we should keep a keen eye
for a comment period concerning this issue.  

Rick Harnish
President
OnlyInternet Broadband  Wireless, Inc.
260-827-2482
Founding Member of WISPA

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Tom DeReggi
Sent: Tuesday, December 19, 2006 1:33 PM
To: WISPA General List
Subject: Re: [WISPA] Form 477 Confidentiality Challenged in Court

I'm glad this is being taken to court. One of the reasons many WISPs don't 
file still (even though legally required to), is because they are afraid 
that the information will be shared with someone that will result in a 
negative effect, whether its the tax collector or competitors.  Proving that

this information can or can not be kept confidential will take a load off 
the mind of parties that are obligated to file.  Hopefully, the FCC will be 
victorious and not need to disclose the information.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]
To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 11:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously denied
plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would cause
harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission's brief in this proceeding is due to be filed
with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC -







Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA



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RE: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Mac Dearman
I hate to say it, but if the info contained in the Form 477 is not held in
confidence - like it is supposed to be, then I am going to sound like so
many others by saying that our Government can not be trusted. I will choose
to refrain from any further comments other than to say I hope that our
following the proper procedures and guidelines don't come back to bite all
us in the arse - - - as so many prophesied that chose NOT to fill out the
form 477.

Mac 




-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Rick Harnish
Sent: Tuesday, December 19, 2006 1:07 PM
To: 'WISPA General List'
Subject: RE: [WISPA] Form 477 Confidentiality Challenged in Court

That’s a good view Tom.  Until a decision is made one way or another, we
probably shouldn't jump to conclusions.  However, we should keep a keen eye
for a comment period concerning this issue.  

Rick Harnish
President
OnlyInternet Broadband  Wireless, Inc.
260-827-2482
Founding Member of WISPA

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Tom DeReggi
Sent: Tuesday, December 19, 2006 1:33 PM
To: WISPA General List
Subject: Re: [WISPA] Form 477 Confidentiality Challenged in Court

I'm glad this is being taken to court. One of the reasons many WISPs don't 
file still (even though legally required to), is because they are afraid 
that the information will be shared with someone that will result in a 
negative effect, whether its the tax collector or competitors.  Proving that

this information can or can not be kept confidential will take a load off 
the mind of parties that are obligated to file.  Hopefully, the FCC will be 
victorious and not need to disclose the information.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]
To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 11:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously denied
plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would cause
harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission's brief in this proceeding is due to be filed
with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC -







Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA



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RE: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Forbes Mercy
I remember once when a big corporation, to remain nameless, offered to buy me 
for a nice chunk of change then after we signed the NDA and they looked at my 
numbers they never called me or returned our calls again.  Mind you are the 
largest ISP in my town so it wasn't for lack of numbers.  They simply wanted to 
know how much business was in my town so they could justify whether they would 
come here and take us out.  The Form 477 is just another way for corporations 
to see how strong your market is so they can have you essentially research for 
them the feasibility for them to come spend three million (just a vague 
reference not a real number - you'll see if you read the rant) to run you out 
of business.

I'm done on the form 477 comment  but in a tell us how you really feel 
rambling (as Marlon would say) here is what I think of our competition:  
rantThe new corporate motto is, 'Why buy an existing customer base for a 
million when we can come to their market and spend three million in advertising 
or free/under cost services to force them out.'  It's not naievety by the 
government either they know that corporations are basically greedy and corrupt 
but they donate well to political figures so if they have to do anything they 
can to please their stockholders more power to them.   Letters to the FTC, or 
Justice department asking for investigations of these many unethical acts are 
all unanswered during a Republican Adminstration. We're all old enough to 
remember when Republicans were the friend of small business, doesn't seem that 
long ago.   Oh sure they have small business loans out there but now you have 
to hire their buddies as Consultants for 1/4 of the loan value in order to fill 
out the overly difficult forms.   Government is just as unethical so how are 
they going to set the example for American corporations.

Service or community responsibilty is a luxury from them not like us who use it 
as our foundations.   That is why those two traits are the only thing that keep 
small business alive for those few customers who want to pay less at the cost 
of being on hold for 1/2 hour for service they don't get anyway.   Look at 
Charter Cable, Paul Allen needed a write-off for his huge profits on Microsft, 
got it by writing off investors losses as his own so he didn't have to acutally 
spend that money!  Or Clearwire which is Craig McCaws write-off dupped Intel 
and Microsoft into bailing his failing venture out.   

Neither give a damn about their customers other then they pay their bill so the 
stockholders don't sue them for making their stock (in Charter's case) go from 
$30 to a buck or so.  I can't believe I'm admitting it but I think Bill Gates 
is much more of a 'True American' then either of those other scum I mentioned.  
 At least he uses his write-off for good.   Even if Windows is a crappy 
program, it did bring the world into the computer age so good for him which 
made them customers of ours, well until Allen or McCaw steals them to the tune 
of another billion dollar or more loss. /end rant 

Forbes Mercy

President - Washington Broadband, Inc.

---

I'm glad this is being taken to court. One of the reasons many WISPs don't
file still (even though legally required to), is because they are afraid
that the information will be shared with someone that will result in a
negative effect, whether its the tax collector or competitors.  Proving that
this information can or can not be kept confidential will take a load off
the mind of parties that are obligated to file.  Hopefully, the FCC will be
victorious and not need to disclose the information.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message -
From: Rick Harnish [EMAIL PROTECTED]
To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 11:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). 

Re: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Peter R.
The Center for Public Integrity is suing under FOIA (Freedom of 
Information Act) for access to the 477's because they do not believe 
that the broadband data that the FCC reports is true and they want to 
add that raw data to their media report at 
http://www.publicintegrity.org/telecom.


www.broadbandwirelessreports.com/pressreleases/files/Complaint*FCC*.pdf

- Peter
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Re: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Jory Privett

I got one also

Jory Privett
WCCS

- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]

To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 10:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously denied
plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would cause
harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission's brief in this proceeding is due to be filed
with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC -







Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA



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RE: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Mike Bushard, Jr
The boss got one toady too.

Mike Bushard, Jr
Wisper Wireless Solutions, LLC
320-256-WISP (9477)
320-256-9478 Fax
 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Jory Privett
Sent: Tuesday, December 19, 2006 12:11 PM
To: WISPA General List
Subject: Re: [WISPA] Form 477 Confidentiality Challenged in Court

I got one also

Jory Privett
WCCS

- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]
To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 10:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously denied
plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would cause
harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission's brief in this proceeding is due to be filed
with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC -







Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA



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Re: [WISPA] Form 477 Confidentiality Challenged in Court

2006-12-19 Thread Marlon K. Schafer
I'll be surprised if the info is released.  The data is all available 
already.  Just nothing specific to a company.  And specific company data 
won't do anyone any real good.


This has been going on for several months now if it's the same case.

laters,
marlon

- Original Message - 
From: Rick Harnish [EMAIL PROTECTED]

To: 'WISPA General List' wireless@wispa.org
Sent: Tuesday, December 19, 2006 8:37 AM
Subject: [WISPA] Form 477 Confidentiality Challenged in Court


It looks as though the confidentiality of Form 477 information is being
challenged in court.  Anyone with further insight that has comments, they
are appreciated.  Our office received this document via email today.



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: http://www.fcc.gov

ftp fcc gov

DA 06-2534

December 15, 2006

Public Notice To Service Providers Who Filed FCC Form 477s With The
Commission And Sought

Confidential Treatment Of The Information Submitted

This Public Notice notifies all filers who sought confidential treatment of
their Form 477

information that the public release of this information is being sought. The
following litigation is pending

in U.S. District Court for the District of Columbia: Center for Public
Integrity v. Federal

Communications Commission, Civil Action No. 06-1644 (RMC). Plaintiff
initiated this action under the

Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking
release of all FCC Form 477s

filed with the Commission. The Wireline Competition Bureau previously denied
plaintiff's FOIA request

for these records, pursuant to FOIA exemption 4, because it found that the
requested records contain

commercially sensitive, competitive information and that release would cause
harm to the entities that

submitted the requested information. The plaintiff has filed for de novo
review of its request by the U.S.

District Court. The Commission's brief in this proceeding is due to be filed
with the court on January 8,

2007.

For further information, contact Michael A. Krasnow, Office of General
Counsel, (202) 418-

7924.

- FCC -







Rick Harnish

President

OnlyInternet Broadband  Wireless, Inc.

260-827-2482

Founding Member of WISPA



--
WISPA Wireless List: wireless@wispa.org

Subscribe/Unsubscribe:
http://lists.wispa.org/mailman/listinfo/wireless

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