DA 99-242
                                        Released:  January 28, 1999

VIA FACSIMILE AND FEDERAL EXPRESS
Marilyn S. Mense
Lukas, Nace, Gutierrez & Sachs
1111 Nineteenth Street, N.W., Suite 1200
Washington, D.C.  20036

     Re:  Confidentiality Request of NAVL, Inc.

Dear Ms. Mense:

     This letter responds to the January 25, 1999 request for confidential treatment of the
information contained in Exhibit C of the FCC Form 175 application of NAVL, Inc.
("NAVL") in the Location and Monitoring Auction auction.  Specifically, you request non-disclosure of financial information, submitted in support of NAVL's claim of "small business"
status.  You contend that disclosure of information listing the gross revenues for NAVL, its
officers, directors, controlling interests and affiliates is confidential in nature and would not
normally be disclosed to the general public.  

     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 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.  Your statements that disclosure of the financial information in
Exhibit C is confidential in nature and would not normally be disclosed to the general public
are conclusory, and do not justify withholding from inspection materials that bear upon your
qualifications to participate in the Location and Monitoring Service auction as a "small
business."  See 47 C.F.R. Sections 90.1103 and 1.2105.  Therefore, your request for
confidentiality IS HEREBY DENIED.

                              Sincerely,



                              Amy J. Zoslov
                              Chief, Auctions and Industry Analysis Division
                              Wireless Telecommunications Bureau