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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