DA 98-303
                              
                                        Released:  February 17, 1998


Timothy E. Welch
Hill & Welch
1330 New Hampshire Avenue, N.W.
Suite 113
Washington, D.C. 20036

     Re:  Confidentiality Request of Northeast Communications of Wisconsin, Inc.,  
            
Dear Mr. Welch:

     This letter responds to the January 23, 1998 request of Northeast Communications of
Wisconsin, Inc. ("Northeast") for confidential treatment of the information contained in Exhibit C
of its 175 application.  Specifically, Northeast requests the non-disclosure of financial information
regarding its "small business" status submitted in Exhibit C because it is a privately-held company.

     We review requests for confidentiality and non-disclosure on a case-by-case basis.  
Section 0.459 of the Commission's rules requires an entity requesting confidential treatment of
material to submit a statement of the reasons for withholding the materials from inspection and of
the facts upon which those reasons are based.  Mere conclusory or generalized allegations cannot
support a request for nondisclosure.  Rather, the submissions must show by a preponderance of
the evidence that nondisclosure is consistent with the provisions of the Freedom of Information
Act, 5 U.S.C.  552.  

     We find that your request does not meet the requirements set forth in Section 0.459 of the
Commission's rules.  Northeast's status as a privately held company does not justify withholding
from inspection materials that bear upon its qualifications to participate in the LMDS auction as a
"small business".  See Sections 101.1104, 101.1107, 101.1109 and 101.1112.  Therefore, your
request for confidentiality IS HEREBY DENIED.


                              Sincerely,



                              Kathleen O'Brien Ham
                              Chief, Auctions and Industry Analysis Division
                              Wireless Telecommunications Bureau