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NOTICE OF REQUEST FOR ACCESS TO CARRIER DATA FILED IN THE NUMBERING RESOURCE UTILIZATION AND FORECAST REPORTS (NRUF)

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Released: December 31, 1969

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 09-6

January 05, 2009

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: January 15, 2009

The United States Department of Justice, Antitrust Division (the "Department") "is investigating
the proposed acquisition of Centennial Communications Corp. by AT&T Inc."1 For the purpose of
assisting in that investigation, the Department has requested access to information contained in the
Numbering Resource Utilization and Forecast (NRUF) reports filed by wireless telecommunications
carriers and to disaggregated, carrier-specific local number portability (LNP) data related to wireless
telecommunications carriers.
Section 251 of the Communications Act grants 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 a utilization report 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
In general, the Commission may share information it has collected with another government
agency. 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


1 Letter to Dana R. Shaffer, Chief, Wireline Competition Bureau, Federal Communications Commission, from
Nancy Goodman, Chief, Telecommunications and Media Section, Antitrust Division, U.S. Department of Justice,
dated December 10, 2008 (Letter).
2 See Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and Further Notice of Proposed
Rulemaking, 15 FCC Rcd 7574, 757879, para. 5 (2000).
3 Id. at 7607, para. 78.

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 records to other federal agencies that have been submitted to the
Commission in confidence upon another agency's request, 47 C.F.R. 0.442(d).
The Department states in its request that it is its policy to protect the confidentiality of sensitive
information and to prevent it from being shared among competitors. The Department further states that
the information requested will be used only for a legitimate law enforcement purpose and that it will not
disclose such sensitive information unless it is required by law or is necessary to further a legitimate law
enforcement purpose. The Department maintains that if it is necessary to enclose any confidential
business information in court filings, its policy is to notify the affected party as soon as is reasonably
practical, to seek 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 for
the disclosure of confidential information, it is the Department's policy to assert all applicable exemptions
and to use its best efforts to provide concerned parties with notice prior to the release of any information.
It 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, affected parties have 10 days from the date of this
notice to oppose disclosure of NRUF and LNP data to the Department of Justice. 47 C.F.R. 0.442. 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://www.fcc.gov/cgb/ecfs/ or the Federal e-Rulemaking Portal: http://www.regulations.gov.5
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.


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

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S.
Postal Service mail).

The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for
the Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.

-The filing hours at this location are 8:00 a.m. to 7:00 p.m.
-All hand deliveries must be held together with rubber bands or fasteners.
-Any envelopes must be disposed of before entering the building.
-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 mail, Express Mail, and Priority Mail should be addressed to 445
12th Street, S.W., Washington, D.C. 20554.
-All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
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 Marilyn Jones, Competition Policy Division, Wireline
Competition Bureau, marilyn.jones@fcc.gov, (202) 418-2357.
- FCC -
3

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