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Overview of 800 Mhz Reconfiguration:
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TA Confidentiality Policy
TA Confidentiality Policy
The TA Confidentiality Policy establishes the procedures that the TA will use to protect from public disclosure confidential information that Stakeholders disclose to the TA. Confidential information includes commercially sensitive information, trade secrets, and/or privileged information in written, oral, electronic, or other forms.
The TA will not use any information, including confidential information provided by licensees, for any purpose other than for fulfilling its responsibilities in connection with the reconfiguration process. The TA does not intend to disclose confidential information to the public or to individual stakeholders. The TA, however, will provide confidential information to the FCC when requested, when required, or when, in the sole judgment of the TA, such disclosure would facilitate the reconfiguration process.
Licensees that submit documents to the TA that contain confidential information should clearly mark the information "CONFIDENTIAL INFORMATION." The TA, however, reserves the right to deny confidential treatment to any information, even if marked "CONFIDENTIAL INFORMATION," that does not satisfy the definition of confidential information.
The TA will observe special procedures to protect from public disclosure any
confidential information that constitutes "Protected Confidential Information."
There are four separate procedures by which the TA will designate information as
Protected Confidential Information. First, the Record of any TA mediation
(as defined in the TA's ADR Plan) and any executed PFAs and FRAs will always be
treated as Protected Confidential Information. Second, information submitted
pursuant to a Non-Disclosure Agreement (NDA) will be treated as Protected
Confidential Information, if marked as such. Third, even in the absence of an NDA, the TA may designate information as Protected Confidential Information if the disclosing party makes a compelling showing that such treatment is justified. Finally, the TA General Counsel may classify information as Protected Confidential Information, where appropriate.
In any case in which the TA provides Protected Confidential Information to the FCC, the TA will file a request, pursuant to the FCC's rules, asking that the FCC treat this information as not subject to public disclosure. The TA will further request that, if the FCC determines that this information should be disclosed, it provide advance notice to the TA, and a reasonable opportunity for the TA and/or the licensee that provided the information to challenge the FCC's determination and/or negotiate an appropriate protective order.
The Confidentiality Policy does not address the ability of Stakeholders to enter into agreements restricting the disclosure of Confidential Information. Such disclosure is subject to negotiation between the parties, to the extent permitted by the FCC.
Additional details are available in the complete Confidentiality Policy posted on the TA's website (PDF).
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