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'" <[email protected]>
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'" <[email protected]>
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. ยง 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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