DA 01-2472
Via Certified Mail, Return Receipt Requested

Lissa Robart
2026 Williston Road
Williston, VT 05403

	Re:	Request for Confidential Treatment of Information

Dear Ms. Robart:

	This letter responds to the request for confidential treatment of information contained in 
Paul L. Valois’ FCC Form 175 application to participate in Auction No. 40.  You are identified 
as Mr. Valois’ contact person on that application.  In the application, Mr. Valois seeks non-
disclosure of financial information submitted in support of Mr. Valois’ claim to “very small 
business” status and eligibility for a thirty-five percent bidding credit in Auction No. 40.  In 
support of the request, the application states that the revenue data is privileged and confidential 
and public disclosure of such information would likely cause substantial harm to Mr. Valois’ 
competitive position. 
 
	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 non-disclosure.  Rather, the submissions must show by a preponderance of the 
evidence that non-disclosure is consistent with the provisions of the Freedom of Information Act, 
5 U.S.C. § 552.

	We find that the request does not meet the requirements set forth in section 0.459 of the 
Commission's rules.  The statement regarding the purportedly privileged and confidential nature 
of the information is generalized and conclusory.  Furthermore, the application fails to explain 
how disclosure of the information could result in substantial competitive harm.  Mr. Valois’ 
request, therefore, does not justify withholding from public inspection materials that bear upon 
his qualifications to participate in Auction No. 40 as a “very small business” receiving a thirty-
five percent bidding credit.  See 47 C.F.R. §§ 1.2105, 2110, 2112.  Additionally, the other 
sections under which Mr. Valois requested nondisclosure of the revenue information either do 
not exist or do not apply.

Accordingly, the request for confidential treatment of the revenue information in Mr. 
Valois’ FCC Form 175 submitted for Auction No. 40 is denied.  This action is taken under 
authority delegated pursuant to Section 0.331 of the Commission’s rules. 

						Sincerely,


						Margaret Wiener
Chief, Auctions and Industry Analysis Division
						Wireless Telecommunications Bureau 

  The Commission did not accept Mr. Valois’ application to participate in Auction No. 40.  His request for 
confidential treatment remains relevant, however, because all applications submitted to participate in the auction are 
made public, regardless of whether they are accepted.

  47 C.F.R. § 0.331.
Lissa Robart
October 23, 2001
Page 2
Federal Communications Commission
Washington, D.C. 20554


October 23, 2001