**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | CC Docket 94-102             |
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**Order**

**Adopted: July 16, 2001 Released: July 17, 2001**

By the Chief, Policy Division, Wireless Telecommunications Bureau:

# 

1.  In this Order, we deny Cingular Wireless LLC (Cingular)'s request
    that we keep confidential the following exhibits attached to
    Cingular's Request for Waiver of the E911 Phase II Location
    Technology Implementation Rules[^1] and certain material contained
    in the body of the Cingular waiver request culled from these
    exhibits:

    • Attachment D, E911 Phase II Trial Results

    • Attachment E, Deployment Time Line Estimation for Network-Based
    E911 Phase II Location Technologies

    • Attachment F, Deployment Cost Estimation for Network-Based E911
    Phase II Location Technology Solutions

    Attachment D "E911 Phase II Trial Results" and certain information
    contained in the body of Cingular's waiver request reflect test
    results for certain location technologies. Attachments E and F
    contain further analysis of these location technologies. We deny
    Cingular's request for confidential treatment of these materials for
    two reasons. First, we find that Cingular did not meet the
    procedural requirements for asserting confidentiality as required
    under Section 0.459(b) of the Commission's rules.[^2] Second,
    Cingular did not demonstrate by a preponderance of the evidence that
    the materials in question were entitled to confidential treatment.
    Even if the materials could be deemed confidential, however, we find
    that the public interest requires that these materials be made
    available for public inspection.

2.  In its July 6, 2001 letter requesting confidential treatment,
    Cingular asserts that the materials contain "proprietary commercial
    information and confidential cost information." Although some trade
    secrets and commercial or financial information are automatically
    accepted by the Commission on a confidential basis under Section
    0.457(d)(1), the materials in question do not fall under these
    exceptions.[^3] Therefore, Cingular is required to make its
    confidentiality request pursuant to Section 0.459.[^4] Cingular does
    not provide a statement of reasons for withholding the materials
    from inspection as required by Section 0.459(b).[^5] Cingular
    asserts only that the materials contain proprietary commercial
    information and confidential cost information and that "the results
    of the location technology trials summarized in Attachment D are
    covered by non-disclosure agreements with the various location
    technology vendors." Because this request fails to comply with the
    standards set forth in Section 0.459(b), we deny it. [^6]

3.  We also find that Cingular has not shown that the materials warrant
    confidential treatment. In its confidentiality request, Cingular
    concludes without any supporting explanation that the materials
    contain proprietary commercial and confidential cost information.
    Mere conclusory or generalized allegations cannot support a request
    for nondisclosure.[^7] Because Cingular has not presented by a
    preponderance of the evidence a case for nondisclosure consistent
    with the provisions of the Freedom of Information Act,[^8] as
    required by Section 0.459(d)(2) of the Commission's rules, we deny
    Cingular's request for confidential treatment.

4.  Under the Commission's rules, if after parties have exhausted all
    appeal rights as set forth in Section 0.459(g), the request is
    denied, the materials will be placed in a public file. Although
    materials submitted voluntarily are ordinarily returned to the party
    seeking confidential treatment where a request for confidentiality
    is denied, we find that in order to facilitate our evaluation of
    Cingular's request for waiver, the public interest requires that the
    identified materials be made available for public inspection.[^9]
    These materials provide information about the degree to which
    certain location technologies are capable of meeting the
    Commission's standards for E911 Phase II implementation. Public
    disclosure of this information will provide an opportunity for
    review and analysis of this information by interested parties, which
    may inform our evaluation of the current state of readiness of E911
    location technologies as well as our decision upon Cingular's
    specific waiver request. Therefore, because of the significant
    public safety issues and policy reasons underlying the Commission's
    E911 Phase II implementation rules, we find the public interest
    requires that we make the identified materials available for public
    inspection.[^10]

5.  ACCORDINGLY, Cingular's request for confidentiality contained in its
    July 6, 2001 letter **IS DENIED**, to the extent indicated herein.
    Any application for review of this ruling must be filed within five
    business days of the date of this Order.[^11] Third party owners of
    materials submitted to the Commission by Cingular may also
    participate in the proceeding resolving the confidentiality of the
    materials.[^12]

6.  **IT IS FURTHER ORDERED** that a copy of this Order shall be sent,
    by facsimile and by Certified Mail/Return Receipt Requested, to:

    • Cingular Wireless: J.R. Carbonell, Esq. Carol L. Tacker, Esq.,
    David G. Richards, Esq., Cingular Wireless, LLC, 5565 Glenridge
    Connector, Suite 1700, Atlanta, GA 30342; L. Andrew Tollin, Esq.,
    Robert G. Kirk, Esq., Wilkinson Barker Knauer, LLP, 2300 N Street,
    NW, Suite 700, Washington D.C. 20037

    • Qualcomm, Inc.: Jonas Neihardt, Vice President, Government
    Affairs, 2000 K Street, Suite 375, Washington, DC 20006

    • SigmaOne, Communications Corp.: Henry Rivera, Esq., Shook, Hardy &
    Bacon, LLP, Hamilton Square, 600 14^th^ Street, NW, Suite 800,
    Washington, DC 20005

-   Cambridge Positioning Systems Corporation: Robert Rowe, Chief
    Architect,1954

    Greenspring Drive, Suite 503, Timonium, MD 21093

    • U.S. Wireless: Randy Miller, Vice President, U.S. Wireless
    Corporation, P.O. Box 581 Montvale, NJ 07677.

    FEDERAL COMMUNICATIONS COMMISSION

    Kris A. Monteith, Chief

    Policy Division

    Wireless Telecommunications Bureau

[^1]: *Cingular Wireless LLC Request for Limited Waiver of the E911
    Phase II Location Technology Implementation Rules*, CC Docket No.
    94-102 (filed July 6, 2001) (*Cingular Waiver Request*).

[^2]: 47 C.F.R. § 0.459(b).

[^3]: *See* 47 C.F.R. § 0.457(d)(1).

[^4]: *See* 47 C.F.R. § 0.457(d)(2).

[^5]: For example, Cingular does not explain the degree to which the
    information is commercial or the degree to which the information
    concerns a service that is subject to competition. In addition,
    Cingular does not provide an explanation of how disclosure of the
    information could result in substantial competitive harm. *See* 47
    C.F.R. § 0.459(b)(3)-(5).

[^6]: *See* 47 C.F. R. § 0.459(c).

[^7]: *See* *National Exchange Carrier Ass'n, Inc.,* Memorandum Opinion
    and Order, 5 FCC Rcd 7184, 7184, para. 3 (1990) (*quoting National
    Parks and Conservation Ass'n v. Kleppe,* 547 F.2d 673, 680 (D.C.
    Cir. 1976)).

[^8]: 5 U.S.C. § 552.

[^9]: 47 C.F.R. § 0.459(e).

[^10]: One reference to a specific third party equipment vendor
    contained in Attachment D will be redacted, as it is not material to
    the test results we seek to make public.

[^11]: 47 C.F.R. § 0.459(g).

[^12]: 47 C.F.R. § 0.459(i).