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 Federal  Communications  Commission  DA  04-  3253 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  matter  of 
 Perfect  Fit  Industries,  Inc. 
 )  ) 
 )  File  No.  EB-  04-  SE-  045 

 ORDER 
 Adopted:  October  14,  2004  Released:  October  18,  2004 
 By  the  Chief,  Spectrum  Enforcement  Division,  Enforcement  Bureau: 
 I.  INTRODUCTION 
 1.  In  this  Order  (  Order),  we  deny  in  its  entirety  a  request  for  confidential  treatment  of  material  submitted  by  Perfect  Fit  Industries,  Inc.  (  Perfect  Fit)  in  response  to  a  letter  of  inquiry  (  LOI) 

 from  the  Enforcement  Bureau. 
 II.  BACKGROUND 
 2.  On  March  5,  2004,  the  Spectrum  Enforcement  Division  of  the  Enforcement  Bureau  sent  Perfect  Fit  a  LOI  seeking  information  and  documents  concerning  the  compliance  of  Perfect  Fits  Heated 

 Mattress  Pads  with  the  requirements  of  Part  15  of  the  Rules.  Perfect  Fit  submitted  a  response  to  the  LOI  on  April  19,  2004.  1  Perfect  Fits  response  included  a  Request  for  Confidentiality  in  which  Perfect  Fit 
 seeks  confidential  treatment  of  any  and  all  information  submitted  in  response  to  the  LOI.  Perfect  Fit  states  that  [  a]  ll  of  the  information  falls  into  the  category  of  trade  secrets,  and/  or  commercial,  financial  or 
 technical  information  .  .  .  that  would  customarily  be  guarded  from  disclosure  to  competitors.  It  further  avers  that  the  information  is  especially  sensitive  because  of  the  Commissions  ongoing  investigation. 
 Finally,  Perfect  Fit  argues  that  because  much  of  the  information  it  provides  exceeds  the  scope  of  the  specific  inquiries  in  the  LOI,  confidentiality  is  especially  appropriate. 

 III.  DISCUSSION 
 3.  Section  0.459  of  the  Rules  establishes  a  procedure  by  which  parties  may  request  that  information  or  materials  that  they  have  submitted  to  the  Commission  not  be  routinely  available  for  public 

 inspection.  2  The  rule  requires  that  each  such  request  shall  contain  a  statement  of  the  reasons  for  withholding  the  materials  from  inspection  as  described  in  Section  0.457  of  the  Rules,  3  and  of  the  facts  on 
 which  this  record  is  based,  including  in  part  (1)  identification  of  the  specific  information,  (2)  an  explanation  of  the  degree  to  which  the  information  is  commercial  or  financial,  or  contains  a  trade  secret  or 
 is  privileged,  (3)  an  explanation  of  the  degree  to  which  the  information  concerns  a  service  that  is  subject  to  competition,  (4)  an  explanation  of  how  disclosure  of  the  information  could  result  in  substantial 
 competitive  harm,  and  (5)  justification  of  the  time  period  during  which  the  submitting  party  asserts  that 
 1  Letter  from  Jack  Richards,  Esq.,  Keller  and  Heckman  LLP  to  Brian  Butler,  Spectrum  Enforcement  Division, 
 Enforcement  Bureau,  (April  19,  2004)  (  Response.)  2 
 47  C.  F.  R.    0.459.  3 
 47  C.  F.  R.    0.457. 
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 Federal  Communications  Commission  DA  04-  3253 
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 material  should  not  be  available  for  public  disclosure. 
 4.  We  conclude  that  Perfect  Fits  request  for  confidential  treatment  of  the  materials  submitted  in  response  to  the  LOI  fails  to  comply  with  the  standards  set  forth  in  Section  0.459  of  the 

 Rules.  4  Perfect  Fit  did  not  provide  an  analysis  of  the  degree  to  which  each  specific  category  of  information  meets  the  criteria  of  being  commercial  or  financial,  or  contains  a  trade  secret  or  is  privileged. 
 Perfect  Fit  provided  no  discussion  of  the  degree  to  which  the  Heated  Mattress  Pad  industry  is  subject  to  competition.  Perfect  Fit  likewise  provided  no  discussion  of  how  disclosure  of  the  information  it  provided 
 could  result  in  substantial  competitive  harm,  nor  did  Perfect  Fit  identify,  or  justify,  a  time  period  during  which  the  information  should  not  be  disclosed. 

 5.  Section  0.459(  c)  of  the  Rules  states  that  casual  requests  for  confidentiality  that  do  not  comply  with  Sections  0.459(  a)  and  (b)  of  the  Rules  will  not  be  considered.  The  LOI  issued  to  Perfect  Fit 
 by  the  Spectrum  Enforcement  Division  explicitly  warned  Perfect  Fit  that  any  requests  to  treat  materials  responsive  to  the  LOI  as  confidential  must  comply  with  Section  0.459  and  that  blanket  requests  for 
 confidentiality  of  a  large  set  of  documents  would  be  unacceptable.  Nevertheless,  as  discussed  above,  Perfect  Fit  made  a  blanket  request  for  confidentiality  of  all  the  information  it  provided.  Accordingly, 
 pursuant  to  Section  0.459(  c),  we  deny  Perfect  Fits  request. 
 6.  Section  0.459(  e)  of  the  Rules  states  that  information  submitted  voluntarily  may  be  returned  upon  request  of  the  person  submitting  the  information,  if  the  partys  request  for  confidentiality  is 

 denied.  Perfect  Fit  argued  that  some  of  the  information  it  provided  in  response  to  the  LOI  was  not  specifically  requested  by  the  Commission  and  therefore  should  be  considered  voluntary.  However, 
 Perfect  Fit  failed  to  identify  the  subset  of  information  in  its  response  for  which  it  seeks  voluntarily-provided  status.  Moreover,  it  did  not  request  the  return  of  such  information  as  required  by  Section 
 0.459(  e).  Accordingly,  we  need  not  consider  whether  any  materials  provided  by  Perfect  Fit  should  be  returned  at  this  time. 

 IV.  ORDERING  CLAUSES 
 7.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Sections  0.111,  0.  311,  and  0.459(  c),  that  the  Request  for  Confidentiality  filed  on  April  19,  2004  by  Perfect  Fit  Industries,  Inc.,  IS  DENIED. 

 8.  IT  IS  FURTHER  ORDERED  that,  pursuant  to  Section  0.459(  g)  of  the  Rules,  that  Perfect  Fit  Industries,  Inc.,  may  file  an  application  for  review  of  this  denial  with  the  Commission  within 
 five  (5)  working  days  of  the  release  date  of  this  Order. 
 9.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  first  class  mail  and  certified  mail,  return  receipt  requested,  to  counsel  for  Perfect  Fit  Industries,  Inc.,  Jack  Richards,  Esq. 

 Keller  and  Heckman  LLP,  1001  G  Street.  N.  W.,  Ste  500  West,  Washington,  D.  C.  20005. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Joseph  P.  Casey  Chief,  Spectrum  Enforcement  Division 
 Enforcement  Bureau 

 4  47  C.  F.  R.    0.459. 
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