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FCC Seeks Comment on Free Press Request to Review Form 477 Data

Comments Due: April 19, 2010
Reply Comments Due: May 4, 2010

March 23, 2010
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The FCC has released a Public Notice soliciting comment on a request filed by Free Press that would permit interested parties to review Form 477 data submitted to the Commission in connection with its periodic inquiry into the deployment of advanced telecommunications capability to all Americans. Specifically, Free Press seeks to review Form 477 subscribership
data as of December 31, 2008, which will allow it “to conduct a more comprehensive analysis of subscribership to high-speed Internet access services” and “assist the Commission in making well-informed, data-driven policy choices.” Although the request was submitted in the context of the National Broadband Plan proceeding and related dockets, it is specific to Form 477 data and thus does not cover cost and other confidential or proprietary information submitted in those proceedings that is already safeguarded pursuant to a separate protective order.

FCC Form 477 collects highly detailed and granular data about broadband connections to end user locations, wired and wireless local telephone services, and interconnected Voice over
Internet Protocol services, much of which may be considered competitively sensitive in nature and entitled to protection from public disclosure pursuant to certain exemptions to the Freedom of Information Act. To address concerns relating to the confidentiality of such data, Free Press requests that the FCC adopt a protective order and institute appropriate procedures for the public to review the Form 477 data. Broadband providers who wish to raise objections to the release of
Form 477 data that should not be publicly disclosed due to concerns of substantial competitive harm must file comments and/or reply comments by April 19, 2010 and May 4, 2010, respectively.

We would be pleased to respond to any questions regarding this matter.