RE: [WISPA] Form 477 Confidentiality Challenged in Court
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 Commissions 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 Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] Form 477 Confidentiality Challenged in Court
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'" 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'" 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 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] Form 477 Confidentiality Challenged in Court
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'" 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 Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
RE: [WISPA] Form 477 Confidentiality Challenged in Court
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'" 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 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
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'" 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 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] Form 477 Confidentiality Challenged in Court
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 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
RE: [WISPA] Form 477 Confidentiality Challenged in Court
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: The 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. 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'" 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 ac
RE: [WISPA] Form 477 Confidentiality Challenged in Court
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 Thats 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'" 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 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
RE: [WISPA] Form 477 Confidentiality Challenged in Court
Thats 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'" 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 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
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'" 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 -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/