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 Federal  Communications  Commission  DA  00-  2479 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 NOS  Communications,  Inc. 
 Affinity  Network  Incorporated 
 NOSVA  Limited  Partnership 
 NOS  Communications  of  Virginia,  Inc. 


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 File  No.  EB00-  00-  TC-  005 


 ORDER 
 Adopted:  November  2,  2000  Released:  November  3,  2000 


 By  the  Chief,  Telecommunications  Consumers  Division,  Enforcement  Bureau: 
 1.  In  this  Order,  we  deny  NOS  Communications  Inc.  ’s  (“  NOS”)  request  that  we  keep  confidential  its  September  28  th  response  to  our  letter  of  inquiry  concerning  a  staff  inquiry  into  NOS’s  marketing, 
 tariffing  and  billing  practices  which  are  related  to  NOS’s  long-  distance  telephone  service  plan  offers. 


 2.  The  justification  NOS  gives  as  the  basis  of  its  request  for  confidentiality  is  that  the  information  is  “commercially  sensitive,”  and  “if  released  to  the  public,  would  result  in  a  severe  crippling  of  NOS’ 
 ability  to  compete  in  its  highly  competitive  market.”  This  request  wholly  fails  to  comply  with  the  standards 
 set  forth  in  section  0.459(  b)  of  the  Commission’s  rules.  Therefore,  we  will  deny  it.  See  47  C.  F.  R.  § 
 0.459(  c). 


 3.  ACCORDINGLY,  NOS’s  request  for  confidentiality  contained  in  its  letter  of  September  28,  2000  IS  DENIED.  Any  application  for  review  of  this  ruling  must  be  filed  within  five  business  days  of  the 
 date  of  this  order.  Section  0.459(  g)  of  the  Commission’s  rules,  47  C.  F.  R.  §  0.459(  g). 


 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent,  by  facsimile  and  by  Certified  Mail/  Return  Receipt  Requested,  to  NOS’s  counsel,  Dan  E.  Adams,  Esq.,  Kelley  Drye  &  Warren, 
 1200  19th  Street,  N.  W.,  Suite  500,  Washington,  DC  20036. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Catherine  W.  Seidel 
 Chief,  Telecommunications  Consumers  Division 
 Enforcement  Bureau 
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