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Notice, Request for Comments on Freedom of Information Act Request

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Released: November 1, 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 11-1830
November 1, 2011

NOTICE AND REQUEST FOR COMMENTS CONCERNING

A FREEDOM OF INFORMATION ACT REQUEST FOR A RECORD

CONTAINING NUMBERING RESOURCE UTILIZATION AND FORECAST

AND LOCAL NUMBER PORTABILITY DATA

A request has been filed with the Federal Communications Commission (Commission)
pursuant to the Freedom of Information Act (FOIA)1 and the Commission's implementing
regulations,2 assigned FOIA Control No. 2012-012, seeking "an unredacted copy of the
declaration of Colin B. Weir, dated June 10, 2011, and filed in WT Docket No. 11-65."3 The
Weir Declaration utilizes Numbering Resource Utilization and Forecast (NRUF) data and Local
Number Portability (LNP) data that the Commission has recognized to be highly confidential.4
Section 0.461(d)(3) of the Commission's FOIA regulations requires that when a FOIA request is
filed for records containing confidential commercial information, the custodian of the records
will provide notice to the person or persons who originally submitted the confidential materials
to the Commission.5
The NRUF/LNP data is available to parties to the AT&T/T-Mobile proceeding
pursuant to the NRUF/LNP Protective Order. However, a FOIA request is a request for public
release of records without the restrictions of a protective order. Therefore, by this Public Notice,
we seek comment by any carriers whose NRUF or LNP data is utilized in the Weir Declaration.
If a carrier has any objection to disclosure of the Weir Declaration, it must submit a detailed
written statement addressing the factors set forth in section 0.459(b) of the Commission's


1 5 U.S.C. 552.
2 47 C.F.R. 0.461.
3 Electronic FOIA request by Joseph I. Marchese (filed Oct. 10, 2011).
4 See Applications of AT&T, Inc. and Deutsche Telkom AG for Consent to Assign or Transfer Control of
Licenses and Authorizations
, 26 FCC Rcd 6031 n.3 (2011) (NRUF/LNP Protective Order).
5 47 C.F.R. 0.461(d)(3) (allowing notice to be provided by Public Notice where data is submitted by
many persons).

regulations6 as to why the Declaration may be withheld from inspection. All filings should be
labeled "FOIA CONTROL NO. 2012-012." Interested parties should file comments by
November 14, 2011.
Filings should be sent by e-mail to Kathy Harris, Mobility Division, Wireless
Telecommunications Bureau, at kathy.harris@fcc.gov, Laurence Schecker, Office of General
Counsel, at laurence.schecker@fcc.gov, and to FOIA@fcc.gov.
Comments should also be served on the FOIA requester either by United States Postal Service or
electronically as follows:
Joseph I. Marchese, Esq.
Bursor & Fisher
369 Lexington Avenue 10th Floor
New York, NY 10017
jmarchese@bursor.com
Mr. Marchese may file a response to any comments by November 18, 2011, serving all
commenting parties.
Questions concerning this notice may be addressed to Kathy Harris, Mobility Division,
Wireless Telecommunications Bureau, kathy.harris@fcc.gov, 202-418-0609, and Laurence
Schecker, Office of General Counsel, laurence.schecker@fcc.gov, (202) 418-1717.
- FCC -


6 47 C.F.R. 0.459(d).

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