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FCC Denies Public Knowledge Petition for Release of IP Trials' Time Line

Public Knowledge is “disappointed” the FCC denied a petition by the group and the National Consumer Law Center to require AT&T to lay out a specific time line for its IP trials in Florida and Alabama (see 1403030032). AT&T justified…

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“highly confidential treatment of its detailed timeline information,” the Wednesday order said, but the bureau also emphasized that “robust public comment on the grandfather and discontinuance applications will be essential.” The bureau signaled it would be “disinclined to allow information” on Section 214(a) applications AT&T will have to file for discontinuing copper-based service “to be subject to confidential treatment -- absent extraordinary and unanticipated circumstances.” AT&T has said it wouldn’t seek discontinuation until at least the end of the year. If the bureau were to order the release of a detailed time line “at this early stage,” the order said it could harm the commission’s ability to get companies to obtain “similar voluntary disclosures in the future and discourage participation in trials.” The order required AT&T to revise its proposal to the commission within 14 days to include the percentage of living units in Carbon Hill, Alabama, that would receive wireline and/or wireless service in the trial. The company inadvertently released the information to the press and didn't oppose releasing it to the commission, the order said. “Although we are glad the Commission’s confidentiality challenge process brought some new information into the public eye, we are disappointed that, even months after the Commission solicited public comment on AT&T’s proposal, the public still does not know when AT&T’s proposed trials will actually start and stop," Jodie Griffin, Public Knowledge senior staff attorney, said in the statement. “We are also disappointed the Commission took nine months to issue a decision on this procedural point. The Commission’s confidentiality challenge process must provide challengers effective and prompt redress, or companies will only grow more bold in over-claiming confidentiality to keep damaging or embarrassing information secret.” The Public Knowledge and NCLC petition was filed April 8. AT&T didn't comment.