It's common procedure at the FCC to ignore the rules about open disclosure. The latest Sprint filing "redacts" far too much. I sent this note to Sprint's lawyers and filed it.
Gina, Sam, Steven
I just reviewed your filing on behalf of Sprint and saw many redactions. I believe that at least four of the redactions were inappropriate, although IANAL. I was able to obtain from standard industry sources the figures involved. Any Sprint competitor would also be able to access that data.
In addition, you do not even indicate the general nature of the data you are redacted in the appendices.
I do not want to make a test case because I have better things to do with my time. But I am reaching out for affordable representation if needed.
As some of the most experienced telecom lawyers in the country, I believe you know the requirements of the regulations.
I have reported on telecom since 1999, often including policy matters. I did two workshops at the FCC for the broadband plan and have often been involved in FCC issues.
I have no interest in this material other than to use it in my reporting and analysis of the deal. I have no financial interest in any fashion and no relationship with any of the companies involved except as a reporter. I bear no malice against your client. (In fact for two years I've disagreed with Craig because I believe Sprint is in better shape than he does.)
I hope you will promptly amend your filing to limit your redactions to items that would be unlikely to be discovered by a diligent competitor.
I am willing to accept any reasonable restrictions on my access. For example, I am willing to sign an agreement not to share any of the material except in my reporting and FCC filings. I will be glad to send any of my material to you in advance for a factcheck. (I do that often, although it's not standard journalist practice. It actually catches mistakes.)
Please respond to me by Friday, if only with a no comment.
I will file this in the proceeding. I do not know the requirements for a reporter to disclose but will do so voluntarily.
I with forward this to the FCC people I believe are involved in the proceeding and the disclosure rules.
P.S. I have previously filed FOI requests at the FCC, and did win once.