Bay Springs Telephone Company, Inc. Et Al

WOODS AITKEN
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THOMAS J. MOORMAN
Direct Dial: 202-944-9502
E-Mail: tmoorman.cVwoodsaitken.com
Admittedto practice only in the District of
Columbia
December 7, 2009
VIA ELECTRONICFILING
Ms. Marlene H. Dortch, Secretary
Federal Communications Commission
445 12'h Street, SW
Washington, DC 20554
LINCOLN OFFICE
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LINCOLN, NEBRASKA 68508-2578
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Re: we Docket No. 09-214
Public Notice, DA 09-2502, released November 25, 2009
Request for Access to Form 477 Broadband Data of the
National Telecommunications and Information Administration
Dear Ms. Dortch:
Bay Springs Telephone Company, Inc., Crockett Telephone Company, Inc., National
Telephone of Alabama, Inc., Peoples Telephone Company, Roanoke Telephone Company, Inc.,
and West Tennessee Telephone Company, Inc. (the "TEC Companies"), by counsel, hereby
provide these letter comments in response to the above-referenced Public Notice issued by the
Federal Communications Commission ("FCC") regarding a request made by the National
Telecommunications and Information Administration ("NTIA,,).1 In the Public Notice, the FCC
seeks comments on a request made by NTIA to have "the Form 477 data that the Commission
collects from broadband service provides for the purposes of facilitating" shared with the NTIA
so that the NTIA can evaluate the information filed with the FCC it as part of the NTIA's
"administration of the Broadband Technology Opportunities Program ....,,2
Each ofthe TEC Companies files the necessary FCC Form 477 information that is the
subject ofthe NT/A Request. Thus, each of them will be affected by the request made by the
NTIA.
1See Public Notice, Notice of Request for Access to Fonn 477 Broadband Data, Pleading Cycle Established, WC
Docket No. 09-214, DA 09-2502, released November 25, 2009 ("Public Notice"); see aiso Letter to Sharon Gillett,
Chief, Wireline Competition Bureau, FCC, from Anthony G. Wilhehn, Director, Broadband Technology Opportunities
Program and Deputy Associate Administrator, Office ofTelecommunications and Infonnation Applications, NTlA,
dated November 23, 2009 (the "NTIA Request").
'!datI.
Ms. Marlene H. Dortch, Secretary
Federal Communications Commission
December 7, 2009
Page 2
While the TEC Companies do not oppose the limited sharing of their FCC Form 477 data
with the NTIA as indicated in the Public Notice, this position is based on the representation
within the NT/A Request that the NTIA "will protect" this "confidential and proprietary
information from public disclosure to the fullest extent authorized by applicable law, including
the Freedom of Information Act ..., the Trade Secrets Act, ... and the Economic Espionage
Act of 1996 ....,,3 At the same time, however, the TEC Companies are unsure of what
procedures will actually be used under the NTIA's "FOIA regulations" and of what efforts will
be taken by the NTIA to "consult with or refer the matter to the FCC as appropriate,,4 in the
event that someone seeks disclosure of the TEC Companies' FCC Form 477 data.
Accordingly, prior to any information being released to the NTIA, the TEC Companies
respectfully request that the FCC provide them assurances and take all reasonable steps
necessary to ensure (1) that the procedures NTIA will use are the same that the FCC uses when a
request for public disclosure of FCC Form 477 data is made (and which are reflected in the
Public Notice\ and (2) that process is already instituted at the NTIA or requires the referral of
the matter to the FCC. In this way, the confidential and proprietary nature ofthe FCC Form 477
data will be afforded at least the same level of protection following its disclosure to the NTIA as
it does today when such data is filed with the FCC prior to any public disclosure.
For the reasons stated, the TEC Companies request that the FCC take action consistent
with that requested herein. Should you have any questions, please feel free to contact the
undersigned.
Sincerely,

Thomas
Counsel to
the TEC Companies
cc: Ms. Sharon Gillett, FCC
Mr. Jeremy Miller, FCC
3 NTIA Request at 2; Public Notice at 3.
4
1
d.
5 See Public Notice at 1.