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DOJ NRUF and LNP Request for Proposed T-Mobile/MetroPCS Merger

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Released: November 20, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1876

November 20, 2012

NOTICE OF REQUEST FOR ACCESS TO CARRIER DATA FILED IN THE NUMBERING

RESOURCE UTILIZATION AND FORECAST (NRUF) REPORTS

PLEADING CYCLE ESTABLISHED

CC Docket No. 99-200
CC Docket No. 95-116

Comment Date: November 30, 2012

The United States Department of Justice, Antitrust Division (the “Department”), “is investigating
the proposed merger of T-Mobile USA, Inc. and MetroPCS Communications, Inc.”1 For the purpose of
assisting in that investigation, the Department has requested access to information contained in the June
2012 Numbering Resource Utilization and Forecast (NRUF) reports filed by wireless telecommunications
carriers (and any updates that become available during the pendency of the investigation) by carrier and
by rate center, and to disaggregated, carrier-specific local number portability (LNP) data related to
wireless telecommunications carriers from July 2012 forward.
Section 251 of the Communications Act, 47 U.S.C. § 251, gives the Commission jurisdiction over
the North American Numbering Plan (NANP) and related telephone numbering issues. In order to better
monitor the way numbering resources are used within the NANP and efficiently allocate NANP
resources, the Commission requires telecommunications carriers to provide the Commission with
utilization reports of their current inventory of telephone numbers and a five-year forecast of their
numbering resource requirements.2 LNP data is collected by the LNP Administrator, and provided to the
Commission. The Commission has recognized that disaggregated, carrier-specific forecast and utilization
data should be treated as confidential and should be exempt from public disclosure under 5 U.S.C. §
552(b)(4).3


1 Letter to Julie Veach, Bureau Chief, Wireline Competition Bureau, Federal Communications Commission, from
Scott Scheele, Chief, Telecommunications and Media Enforcement Section, Antitrust Division, U.S. Department of
Justice, dated October 16, 2012 (Letter).
2 See Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and Further Notice of Proposed
Rulemaking, 15 FCC Rcd 7574, 7578–79, para. 5 (2000).
3 Id. at 7607, para. 78.

In general, the Commission may share information it has collected with another government
agency under 44 U.S.C. § 3510. Section 3510 further provides that all provisions of law that relate to the
unlawful disclosure of information apply to the employees of the agency to which the information is
released. Although the Commission’s regulations provide that proprietary and commercially sensitive
information will be withheld from public disclosure, subject to the public’s right to seek disclosure under
the Freedom of Information Act and implementing regulations, 5 U.S.C. § 552, 47 C.F.R. § 0.457(d),
0.459(d), the Commission may disclose to other federal agencies records that have been submitted to the
Commission in confidence upon another agency’s request pursuant to 47 C.F.R. § 0.442(d).
The Department states in its request that its policy is to protect the confidentiality of sensitive
information and to prevent competitively sensitive information from being shared among competitors.
The Department further states that sensitive information will be used by it only for a legitimate law
enforcement purpose and that it is the Department’s policy not to disclose sensitive information unless it
is required by law or is necessary to further a legitimate law enforcement purpose. The Department
maintains that, although its policy is not to use sensitive information in complaints or accompanying
papers unnecessarily, it cannot provide an absolute assurance that sensitive information will not be
included in such documents. The Department states, however, that, if it is necessary to disclose any
confidential business information in court filings, its policy is to notify the affected party as soon as is
reasonably practicable, to file such information under seal, and to make reasonable efforts to limit
disclosure of the information until the affected party has had an opportunity to appear before the court and
the court has ruled on any request by the affected party.
The Department further states that, if a request is made under the Freedom of Information Act or
any other provision of law for the disclosure of confidential business information, it is the Department’s
policy to assert all applicable exemptions. Further, the Department states that its policy is to use its best
efforts to provide concerned parties with such notice as is practical prior to the release of any information
to any third party who requests it under any provision of law other than the Freedom of Information Act.
The Department also states that, if confidential business information becomes the subject of discovery in
any litigation to which the Department is a party, it is the Department’s policy to use its best efforts to
ensure that a protective order is entered, and to not voluntarily provide the information until concerned
parties have had an opportunity to review and comment on the protective order and to apply to the court
for further protection.
Pursuant to the Commission’s regulations in 47 C.F.R. § 0.442, affected parties have 10 days
from the date of this notice to oppose disclosure of NRUF and LNP data to the Department of Justice. If
the Commission receives no opposition from affected parties within 10 days of this notice, the
Commission will disclose the information requested above to the Justice Department. If disclosure is
opposed, the procedures set forth in 47 C.F.R. § 0.442 shall apply. All pleadings should refer to CC
Docket Nos. 99-200 and 95-116. Comments may be filed using (1) the Commission’s Electronic
Comment Filing System (ECFS), (2) the Federal Government’s e-Rulemaking Portal, or (3) by filing
paper copies.4
Comments filed through the ECFS can be sent as an electronic file via the Internet to
http://fjallfoss.fcc.gov/ecfs2/ or the Federal e-Rulemaking Portal: http://www.regulations.gov.5


4 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998).
5 Filers should follow the instructions provided on the Federal e-Rulemaking Portal Web site for submitting
comments.
2

Generally, only one copy of an electronic submission must be filed. Because multiple docket or
rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one
electronic copy of the comments to each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment
by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to
ecfs@fcc.gov, and should include the following words in the body of the message, “get form.” A sample
form and directions will be sent in reply. Parties who choose to file by paper must file an original and six
copies of each filing.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the building. The filing
hours at this location are 8:00 a.m. to 7:00 p.m.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432 (TTY).
Parties must also send a courtesy copy of their filing to Gary Remondino, Competition Policy
Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, S.W.,
Room 5-C143, Washington, D.C. 20554. His e-mail address is gary.remondino@fcc.gov; his telephone
number is (202) 418-2298.
Pursuant to section 1.1206 of the Commission’s rules, 47 C.F.R. § 1.1206, this proceeding will be
conducted as a permit-but-disclose proceeding in which ex parte communications are permitted subject to
disclosure. For further information, please contact John Visclosky, Competition Policy Division,
Wireline Competition Bureau, john.visclosky@fcc.gov, (202) 418-0825.
- FCC -
3

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