Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Notice of Request by Additional Offices of State Attorneys General to Review Submissions in Docket No. 11-65 that Contain NRUF and LNP Data

Download Options

Released: August 9, 2011

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 11-1377

Released August 9, 2011

NOTICE OF REQUEST BY ADDITIONAL OFFICES OF STATE ATTORNEYS GENERAL

TO REVIEW SUBMISSIONS IN DOCKET NO. 11-65 THAT CONTAIN NRUF AND LNP DATA

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

WT Docket No. 11-65

On April 28, 2011, and June 3, 2011, subject to a protective order, the Commission placed into
the record in WT Docket No. 11-65 (Applications of AT&T Inc. and Deutsche Telekom AG For Consent
To Assign or Transfer Control of Licenses and Authorizations) various Numbering Resource Utilization
and Forecast ("NRUF") reports filed by wireless telecommunications carriers and disaggregated, carrier-
specific local number portability ("LNP") data related to wireless telecommunications carriers.1 Pursuant
to the protective order, outside persons participating or intending to participate in Docket No. 11-65 who
are not involved in competitive decision-making activities and who have signed the Acknowledgment of
Confidentiality attached to the protective order may review and use the NRUF and LNP data "solely for
the preparation and conduct of [Docket No. 11-65] before the Commission."2
The protective order further provides that if a state department or agency, among others, issues a
subpoena for or orders the production of NRUF or LNP data or information derived from NRUF and LNP
data ("NRUF/LNP Confidential Information") that a person has received pursuant to the protective order,
the person receiving such an order must notify all affected parties and the Commission, such that "the
Commission and each affected Wireless Telecommunications Carrier has a full opportunity to oppose
such production prior to the production or disclosure of any NRUF/LNP Confidential Information."
Pursuant to this provision, on June 28, 2011, Sprint Nextel Corp. ("Sprint") notified the
Commission that it had received civil investigation demands ("CIDs") from various states seeking full,


1 See Proposed Transfer of Control of T-Mobile USA, Inc. and Its Subsidiaries From Deutsche Telecom AG to
AT&T Inc.; Numbering Resource Utilization and Forecast (NRUF) Reports and Local Number Portability Reports
To Be Placed Into the Record, Subject to Protective Order, WT Docket No. 11-65, CC Docket No. 99-200, Public
Notice
, DA 11-710 (rel. Apr. 18, 2011); Proposed Transfer of Control of T-Mobile USA, Inc. and Its Subsidiaries
From Deutsche Telecom AG to AT&T Inc.; Additional Local Number Portability Information To Be Placed Into the
Record, Subject to Protective Order, WT Docket No. 11-65, CC Docket No. 99-200, Public Notice, DA 11-945 (rel.
May 24, 2011).
2 Applications of AT&T Inc. and Deutsche Telekom AG for Consent To Assign or Transfer Control of Licenses and
Authorizations, WT Docket No. 11-65, NRUF/LNP Protective Order, DA 11-711 (rel. Apr. 18, 2011).

unredacted copies of all materials Sprint has filed (or will file) with the Commission in WTB Docket No.
11-65, and that those materials contained NRUF/LNP Confidential Information.3
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).4 Nonetheless, when the public interest has so required, the Commission has provided access
to that data to persons not involved in competitive decision-making subject to a protective order requiring
that the data be used solely for the purpose of participating in the relevant proceeding before the
Commission and that the data and information derived from the data not be made public.5 The
Commission has also provided NRUF and LNP data to the United States Department of Justice for the
Department's use in antitrust investigations upon assurances from the Department that the material will be
kept confidential and used for only legitimate enforcement purposes.6
On July 13, 2011, the Commission released a Public Notice notifying all wireless carriers that the
Offices of Attorney General of four states New York, Pennsylvania, Texas and Washington were
seeking from several parties copies of unredacted materials filed in this proceeding and that some of those
materials contained confidential information derived from NRUF and LNP data.7
The Commission has since received letters from the Offices of Attorney General in six other
states Arizona, California, Hawaii, Illinois, Kansas, and Minnesota seeking similar access in
connection with their investigations of AT&T's proposed acquisition of T-Mobile USA. The letters state
that it is the Offices' policy to keep this information confidential. The Offices of the Attorney General of
California, Kansas and Minnesota state that the Offices will not disclose the information unless it is
required by law or is necessary to further a legitimate law enforcement purpose; and the Offices of the


3 Letter to Rick Kaplan, Chief, Wireless Telecommunications Bureau, Federal Communications Commission from
Antoinette Cook Bush, John M. Beahn, Counsel for Sprint Nextel Corp. (June 28, 2011). Sprint stated it received
CIDs from the Attorneys General of Arizona, Florida, Hawaii, Illinois, Minnesota, New York, Pennsylvania, Texas
and Washington. Sprint has informed the Commission that it has individually notified those parties specifically
identified in its filings.
4 Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and Further Notice of Proposed
Rulemaking
, 15 FCC Rcd 7574, 7607, para. 78 (2000).
5 See, e.g., Applications of AT&T Inc. and Centennial Communications Corp. For Consent to Transfer Control of
Licenses, Authorizations, and Spectrum Leasing Arrangements Numbering Resource Utilization and Forecast
(NRUF) Reports and Local Number Portability Reports Placed Into the Record, Subject to Protective Order, WT
Docket No. 08-246, CC Docket No. 99-200, Public Notice, 24 FCC Rcd 2910 (2009); Applications of Cellco
Partnership d/b/a Verizon Wireless and Atlantis Holdings LLC For Consent to Transfer Control of Licenses,
Authorizations, and Spectrum Manager and De Facto Transfer Leasing Arrangements, Numbering Resource
Utilization and Forecast (NRUF) Reports and Local Number Portability Reports Placed into the Record, Subject to
Protective Order, WT Docket No. 08-95, CC Docket No. 99-200, Public Notice, 23 FCC Rcd 11398 (2008).
6 Notice of Request for Access to Carrier Data Filed in the Numbering Resource Utilization and Forecast (NRUF)
Reports, Pleading Cycle Established, CC Dkt. No. 99-200, CC Dkt. No. 95-116, 25 FCC Rcd 271 (2010); Notice of
Request for Access to Carrier Data Filed in the Numbering Resource Utilization and Forecast (NRUF) Reports,
Pleading Cycle Established, CC Dkt. No. 99-200, CC Dkt. No. 95-116, 24 FCC Rcd 8637 (2009).
7 Notice of Request By Offices of State Attorneys General to Review Submissions in Docket No. 11-65 That
Contain NRUF and LNP Data, CC Docket No. 99-200, CC Docket No. 95-116, WT Docket No. 11-65, Public
Notice,
DA No. 11-1192 (rel. July 13, 1011).
2

Attorney General of Arizona, Hawaii and Illinois state that they will not disclose the information without
the consent of the affected parties or unless ordered by a court.
The Offices of the Attorney General of Arizona, Hawaii and Illinois state that the information is
exempt from disclosure under their state freedom of information laws, while the Offices of the Attorney
General of California, Kansas and Minnesota (as well as Hawaii) state that if a request is made under their
state freedom of information laws, they will assert all applicable exemptions and use their best efforts to
provide concerned parties with notice prior to the release of any information.
The Commission is providing this notice to inform carriers of the requests of the state Offices of
the Attorney General in order to allow carriers the opportunity to contact the state Offices of the
Attorneys General or to take any other action they may deem appropriate if they have concerns or oppose
disclosure. Comments or objections should not be filed with the Commission.
For further information, please contact Joel A. Rabinovitz, Office of General Counsel,
joel.rabinovitz@fcc.gov, (202) 418-0689.
- FCC -
3

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.