usp' PUBLIC NOTICE
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Fax-On-Demand 202 /418-2830
TTY 202/418-2555
Internet: http://www.fcc.gov
ftp.fcc.gov
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February 2, 2012
NOTICE OF REQUEST FOR ACCESS TO DATA FILED IN FCC FORM 499-A
PLEADING CYCLE ESTABLISHED
WC Docket No. 09-15
Comment Date: February 13, 2012
The United States Department of Labor, Bureau of Labor Statistics (BLS), seeks access to certain
carrier revenue information for 2009 that the Commission collected from wireless carriers on FCC Form
499-A (Form 499-A).' In particular, BLS requests all data for 2009 that wireless carriers reported in
blocks 3 (Carrier's Carrier Revenue Information) and 4 (End-User and Non-Telecommunications
Revenue Information, and Total Revenue and Uncollectible Revenue Information) of that fonn.2
The Conunission collects revenue data on Form 499-A for purposes of determining the amounts
telecommunications providers need to contribute to the Universal Service Fund (USF), interstate
Telecommunications Relay Services, North American Numbering Plan administration, and local number
portability administration.3 The Commission recognizes that the disaggregated, filer-specific data
collected on this form may be the type of privileged or confidential commercial or financial information
that should be exempt from public disclosure under 5 U.S.C. § 552(b)(4).4
In general, the Commission may share information it has collected with another government
agency.5 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 (FOJA) and implementing regulations,6 the Commission may disclose to
'See Letter to Sharon Gillett, Chief, Wireline Competition Bureau, FCC, from David M. Friedman, Vice
Commissioner, United States Department of Labor, Bureau of Labor Statistics, WC Docket No. 09-15 (received
December 21, 2011; filed January 31, 2012) (BLSLetter).
Instructions to Telecommunications Reporting Worksheet, FCC Revised Form 499-A-A,
http://transition.fcc.gov/Forms/Form499-A-A1499-A-201 1 .pdf, at 2 (2011) (Form 499-A-A Worksheet).
See id. at 28 (instructions for line 605).
544 U.S.C. § 3510.
6 U.S.C. § 552; 47 C.F.R. § 0.457(d), 0.459(d).
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other federal agencies records that have been submitted to the Commission in confidence upon the other
agencies' requests.7
In its request, BLS states that it is revising the Producer Price Index (PPI) for wireless
telecommunications carriers, which measures the monthly changes in prices received for the provision of
residential and business wireless telecommunications services.8 That price index, according to BLS, is an
aggregate that represents industry-wide data and is available on its website.9 BLS also states that it will
use the Form 499-A data in addition to publicly available survey data to revise the PPI and that the
revenue data for individual companies will allow BLS to sample proportionate to economic size.'°
BLS states further that it will maintain the confidentiality of the data under the Confidential
Information Protection and Statistical Efficiency Act's protection from release pursuant to FOIA
requests." BLS also states that it will disclose no company-specific or region-specific data and that it will
not disclose its sample sizes, which will prevent Form 499-A filers from being identified based on their
relative BLS also indicates that there will be no direct use of the data in index calculations or
PPI publications.'3
Pursuant to the Commission's regulations, affected parties have until February 13, 2012 to
oppose the disclosure of Form 499-A data to BLS.'4 If the Commission receives no opposition from
affected parties within 10 days of this notice, the Commission will disclose the information requested
above to BLS. If disclosure is opposed, the procedures set forth in 47 C.F.R. § 0.442 shall apply. All
pleadings should reference WC Docket No. 09-15.
All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the
Secretary, Federal Communications Commission, 445 12th Street, SW, Suite TW-A325, Washington,
D.C. 20554. Parties should also send a copy of their filings to Susan Lee, Industry Analysis and
Technology Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th
Street, S.W., Room 6-B 145, Washington, D.C. 20554, or by email address to susan.lee@fcc.gov.
747 C.F.R. § 0.442(a) ("The acceptance [by the Commission] of materials in confidence under § 0.457 or § 0.459,
or any other statute, rule or Commission order, does not preclude their disclosure to other federal agencies."); see
also 47 C.F.R. § 0.442(d).
8 BLS Letter at 1.
91d. (citing www.bls.gov/ppi).
'°Id.
"CIPSEA is reproduced at 44 U.S.C. § 3501 note.
12 Id.
'31d.
14 See 47 C.F.R. § O.442(d)(1), which provides that parties requesting confidential treatment of records shall have
ten calendar days after notification to submit an opposition to disclosure under § 0.442. See also 47 C.F.R. § 1.4
(j), which provides that, where a filing date falls on a holiday, the document shall be due on the next business day,
in this case, February 13, 2012.
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Comments may be filed using: (1) the Commission's Electronic Comment Filing System
(ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies.'5
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal:
http://www.regulations. gov.
• Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. Paper filers are strongly encouraged to contact Susan Lee of the Industry Analysis
and Technology Division at 202-418-1590 to inform her of their filings.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail).
• All hand-delivered or messenger-delivered paper filings for the Commission's Secretary
must be delivered to FCC Headquarters at 445 12th St., S.W., Room TW-A325,
Washington, D.C. 20554. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the building. The filing
hours are 8:00 a.m. to 7:00 p.m.
• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
• U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12"
Street, SW, Washington, D.C. 20554.
Parties shall also serve one copy with the Commission's copy contractor, Best Copy and Printing,
Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554 or via e-mail to
fcc@bcpiweb.com.
Documents in WC Docket No. 09-15 will be available for public inspection and copying during
regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room
CY-A257, Washington, D.C. 20554. The documents may also be purchased from BCPI, telephone
202-488-5300, facsimile 202-488-5563, TTY 202-488-5562, or via e-mail at fcc@bcpiweb.com.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer and Govermnental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
This matter shall be treated as a "permit-but-disclose" proceeding in accordance with the
Commission's ex parte rules.'6 Persons making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance of the presentation and not
merely a listing of the subjects discussed. More than a one or two sentence description of the views and
15 See Electronic Filing ofDocuments in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
'647CFR § 1.1200 et seq.
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arguments presented generally is required.'7 Other rules pertaining to oral and written ex parte
presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission's
rules.'8
For further information regarding this proceeding, contact Susan Lee, Industry Analysis and
Technology Division, Wireline Competition Bureau, Federal Communications Commission, by telephone
at 202-418-1590 or by email to susan.lee(fcc.gov.
-FCC-
'7 See 47 C.F.R. § l.1206(b)(2).
1847 C.F.R. § 1.1206(b).
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