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. 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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