FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,012
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unlawful disclosure of information apply to the employees of the agency to which the information is
released. Although the Commission's regulations provide that proprietary and commercially sensitive
information will be withheld from public disclosure, subject to the public's right to seek disclosure under
the Freedom of Information Act and implementing regulations, 5 U.S.C. 552, 47 C.F.R. 0.457(d),
0.459(d), the Commission may disclose records to other federal agencies that have been submitted to the
Commission in confidence upon another agency's request pursuant to 47 C.F.R. 0.442(d).
The Department states in its request that its policy is to protect the confidentiality of sensitive
information and to prevent it from being shared among competitors. The Department further states that
the information requested will be used only for a legitimate law enforcement purpose and that it will not
disclose such sensitive information unless it is required by law or is necessary to further a legitimate law
enforcement purpose. The Department maintains that if it is necessary to enclose any confidential
business information in court filings, its policy is to notify the affected party as soon as is reasonably
practical, to seek to file such information under seal, and to make reasonable efforts to limit disclosure of
the information until the affected party has had an opportunity to appear before the court and the court has
ruled on any request by the affected party.
The Department further states that if a request is made under the Freedom of Information Act for
the disclosure of confidential information, it is the Department's policy to assert all applicable exemptions
and to use its best efforts to provide concerned parties with notice prior to the release of any information.
It also states that if confidential business information becomes the subject of discovery in any litigation to
which the Department is a party, it is the Department's policy to use its best efforts to ensure that a
protective order is entered, and to not voluntarily provide the information until concerned parties have had
an opportunity to review and comment on the protective order and to apply to the court for further
Pursuant to the Commission's regulations in 47 C.F.R. 0.442, affected parties have 10 days
from the date of this notice to oppose disclosure of NRUF and LNP data to the Department of Justice. If
the Commission receives no opposition from affected parties within 10 days of this notice, the
Commission will disclose the information requested above to the Justice Department. If disclosure is
opposed, the procedures set forth in 47 C.F.R. 0.442 shall apply. All pleadings should refer to CC
Docket Nos. 99-200 and 95-116. Comments may be filed using (1) the Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's e-Rulemaking Portal, or (3) by filing
Comments filed through the ECFS can be sent as an electronic file via the Internet to
http://fjallfoss.fcc.gov/ecfs2/ or the Federal e-Rulemaking Portal: http://www.regulations.gov.5
Generally, only one copy of an electronic submission must be filed. Because multiple docket or
rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one
electronic copy of the comments to each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment
by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to
email@example.com, and should include the following words in the body of the message, "get form." A sample
4 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998).
Filers should follow the instructions provided on the Federal e-Rulemaking Portal Web site for submitting
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/184/: accessed October 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.