[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR0.459]



[Page 69-71]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 0_COMMISSION ORGANIZATION--Table of Contents

 

                      Subpart C_General Information

 

Sec. 0.459  Requests that materials or information submitted to the 

Commission be withheld from public inspection.



    (a) Any person submitting information or materials to the Commission 

may submit therewith a request that such information not be made 

routinely available for public inspection. (If the materials are 

specifically listed in Sec. 0.457, such a request is unnecessary.) A 

copy of the request shall be attached to and shall cover all of the 

materials to which it applies and all copies of those materials. If 

feasible, the materials to which the request applies shall be physically 

separated from any materials to which the request does not apply; if 

this is not feasible, the portion of the materials to which the request 

applies shall be identified.

    (b) Each such request shall contain a statement of the reasons for 

withholding the materials from inspection (see Sec. 0.457) and of the 

facts upon which those records are based, including:

    (1) Identification of the specific information for which 

confidential treatment is sought;

    (2) Identification of the Commission proceeding in which the 

information was submitted or a description of the circumstances giving 

rise to the submission;

    (3) Explanation of the degree to which the information is commercial 

or financial, or contains a trade secret or is privileged;

    (4) Explanation of the degree to which the information concerns a 

service that is subject to competition;

    (5) Explanation of how disclosure of the information could result in 

substantial competitive harm;



[[Page 70]]



    (6) Identification of any measures taken by the submitting party to 

prevent unauthorized disclosure;

    (7) Identification of whether the information is available to the 

public and the extent of any previous disclosure of the information to 

third parties;

    (8) Justification of the period during which the submitting party 

asserts that material should not be available for public disclosure; and

    (9) Any other information that the party seeking confidential 

treatment believes may be useful in assessing whether its request for 

confidentiality should be granted.

    (c) Casual requests which do not comply with the requirements of 

paragraphs (a) and (b) of this section will not be considered.

    (d)(1) The Commission may defer acting on requests that materials or 

information submitted to the Commission be withheld from public 

inspection until a request for inspection has been made pursuant to 

Sec. 0.460 or Sec. 0.461. The information will be accorded 

confidential treatment, as provided for in Sec. 0.459(g) and Sec. 

0.461, until the Commission acts on the confidentiality request and all 

subsequent appeal and stay proceedings have been exhausted. If a 

response in opposition to a confidentiality request is filed, the party 

requesting confidentiality may file a reply.

    (2) Requests which comply with the requirements of paragraphs (a) 

and (b) of this section will be acted upon by the appropriate Bureau or 

Office Chief, who is directed to grant the request if it presents by a 

preponderance of the evidence a case for non-disclosure consistent with 

the provisions of the Freedom of Information Act, 5 U.S.C. 552. If the 

request is granted, the ruling will be placed in the public file in lieu 

of the materials withheld from public inspection. A copy of the ruling 

shall be forwarded to the General Counsel.

    (e) If the materials are submitted voluntarily (i.e., absent any 

direction by the Commission), the person submitting them may request the 

Commission to return the materials without consideration if the request 

for confidentiality should be denied. In that event, the materials will 

ordinarily be returned (e.g., an application will be returned if it 

cannot be considered on a confidential basis). Only in the unusual 

instance where the public interest so requires will the materials be 

made available for public inspection. However, no materials submitted 

with a request for confidentiality will be returned if a request for 

inspection is filed under Sec. 0.461. If submission of the materials is 

required by the Commission and the request for confidentiality is 

denied, the materials will be made available for public inspection.

    (f) If no request for confidentiality is submitted, the Commission 

assumes no obligation to consider the need for non-disclosure but, in 

the unusual instance, may determine on its own motion that the materials 

should be withheld from public inspection. See Sec. 0.457(g).

    (g) If a request for confidentiality is denied, the person who 

submitted the request may, within 5 working days, file an application 

for review by the Commission. If the application for review is denied, 

the person who submitted the request will be afforded 5 working days in 

which to seek a judicial stay of the ruling. If these periods expire 

without action by the person who submitted the request, the materials 

will be returned to the person who submitted them or will be placed in a 

public file. Notice of denial and of the time for seeking review or a 

judicial stay will be given by telephone, with follow-up notice in 

writing. The first day to be counted in computing the time periods 

established in this subsection is the day after the date of oral notice. 

Materials will be accorded confidential treatment, as provided in Sec. 

0.459(g) and Sec. 0.461, until the Commission acts on any timely 

applications for review of an order denying a request for 

confidentiality, and until a court acts on any timely motion for stay of 

such an order denying confidential treatment.

    (h) If the request is granted, the status of the materials is the 

same as that of materials listed in Sec. 0.457. Any person wishing to 

inspect them may submit a request for inspection under Sec. 0.461.



[[Page 71]]



    (i) Third party owners of materials submitted to the Commission by 

another party may participate in the proceeding resolving the 

confidentiality of the materials.



[40 FR 7313, Feb. 19, 1975, as amended at 49 FR 21719, May 23, 1984; 55 

FR 8951, Mar. 9, 1990; 63 FR 44167, Aug. 18, 1998; 64 FR 55163, Oct. 12, 

1999]