**DA 09-227**

> **February 11, 2009**

**NOTICE OF REQUEST FOR ACCESS TO DATA FILED IN FCC FORM 499A**

**PLEADING CYCLE ESTABLISHED**

**WC Docket No. 09-15**

**Comment Date: February 23, 2009**

The United States Department of Labor, Bureau of Labor Statistics (BLS),
seeks access to carrier revenue information from year 2007 data
collected on FCC Form 499A (Form 499A).[^1]

The Commission collects revenue data on Form 499A for purposes of
determining which carriers owe costs of establishing numbering
administration, costs of local number portability administrators,
contributions to Universal Service, and contributions to
Telecommunications Relay Services.[^2] For data collected on the form,
the Commission recognizes that disaggregated, filer-specific data should
be treated as confidential and should be exempt from public disclosure
under 5 U.S.C. § 552(b)(4).[^3]

In general, the Commission may share information it has collected with
another government agency.[^4] 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 (FOIA) and implementing
regulations,[^5] the Commission may disclose to other federal agencies
records that have been submitted to the Commission in confidence upon
another agency's request.[^6]

In its request, BLS states that it is revising the Producer Price Index
(PPI) for wired telecommunications carriers, which measures the monthly
changes in prices received for the provision of residential and business
telephone services, to incorporate changes in the North American
Industry Classification System's definition for the wired industry.[^7]
BLS states that the Form 499 data will augment revenue data collected as
part of the 2007 Economic Census.[^8] Revenue for individual companies
will allow BLS to sample proportionate to economic size. In particular,
BLS seeks access to data elements in Form 499A blocks 3 and 4.[^9]

BLS states 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.[^10] BLS states that
its price index is an aggregate that represents industry-wide data and
is available on its website.[^11] According to BLS, "\[n\]o
company-specific or region-specific data are disclosed[^12] and that it
will not disclose its sample sizes in the event that "potential
respondents could be identified based on their relative sizes."[^13] BLS
also indicates that there will be no direct use of the data in index
calculation or PPI publications.[^14]

Pursuant to the Commission's regulations, affected parties have 10 days
from the date of this notice to oppose disclosure Form 499A data to the
BLS.[^15] 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 refer to WC Docket No. 09-15. 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.[^16]

** **

Comments filed through the ECFS can be sent as an electronic file via
the Internet to http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking
Portal:  http://www.regulations.gov.[^17] Generally, only one copy of an
electronic submission must be filed.  In completing the transmittal
screen, commenters should include their full name, U.S. Postal Service
mailing address, and the applicable docket or rulemaking number. 
Parties may also submit an electronic comment by Internet e-mail.  To
get filing instructions for e-mail comments, commenters should send an
e-mail to ecfs@fcc.gov, and should include the following words in the
body of the message, "get form." A sample form and directions will be
sent in reply.  Parties who choose to file by paper must file an
original and four copies of each filing.

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).

           

The Commission\'s contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission\'s Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.

     

-The filing hours at this location are 8:00 a.m. to 7:00 p.m.

 

-All hand deliveries must be held together with rubber bands or
fasteners.

 

-Any envelopes must be disposed of before entering the building.

 

-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 mail, Express Mail, and Priority Mail
should be addressed to 445 12th Street, S.W., Washington, D.C. 20554.

 

-All filings must be addressed to the Commission\'s Secretary, Office of
the Secretary, Federal Communications Commission.

 

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
Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432 (TTY).

 

Parties must also send a courtesy copy of their filing to Darryl Cooper,
Industry Analysis and Technology Division, Wireline Competition Bureau,
Federal Communications Commission, 445 12^th^ Street, S.W., Room 6-C160,
Washington, D.C. 20554.  His email address is darryl.cooper@fcc.gov; his
telephone number is (202) 418-7131.

Pursuant to section 1.1206 of the Commission's rules, 47 C.F.R. §
1.1206, this proceeding will be conducted as a permit-but-disclose
proceeding in which ex parte communications are permitted subject to
disclosure.  For further information, please contact Darryl Cooper at
the contact information listed above.

**- FCC -**

[^1]: *See* Letter to Dana Shaffer, Chief, WCB, from David M. Friedman,
    Vice Commissioner, WC Docket No. 09-15 (filed February 11, 2009)
    (*BLS Letter*).

[^2]: Instructions to Telecommunications Reporting Worksheet, FCC
    Revised Form 499-A,
    http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf, at 1 (2008) (*Form
    499-A Worksheet*).

[^3]: *See Form 499-A Worksheet*, at line 605.

[^4]: 44 U.S.C. § 3510.

[^5]: 5 U.S.C. § 552; 47 C.F.R. § 0.457(d), 0.459(d).

[^6]: 47 C.F.R. § 0.442(a) ("The acceptance \[by the Commission\] of
    materials in confidence under § 0.457 or § 0.459 does not provide
    assurance against their disclosure to other agencies."); *see also*
    47 C.F.R. § 0.442(d).

[^7]: *BLS Letter*.

[^8]: *Id.*

[^9]: *BLS Letter.*

[^10]: CIPSEA is reproduced at 44 USC 3501 note.

[^11]: *Id.* (citing www.bls.gov/ppi).

[^12]: *Id.*

[^13]: *BLS Letter.*

[^14]: *Id.*

[^15]: *See* 47 C.F.R. § 0.442(d)(1). Because the 10 days from release
    falls on a weekend day, we are extending the due date until Monday,
    February 23, 2009.

[^16]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    63 Fed. Reg. 24121 (1998).

[^17]: Filers should follow the instructions provided on the Federal
    eRulemaking Portal website for submitting comments.