DA 99-361
                                        Released:  February 19, 1999

VIA FACSIMILE

Timothy E. Welch
Hill & Welch
1330 New Hampshire Avenue, N.W., #113
Washington, D.C.  20036

     Re:  Confidentiality Request of Northeast Communications of Wisconsin, Inc.

Dear Mr. Welch:

     This letter responds to the February 12, 1999, request for confidential treatment of the
information contained in Exhibits C and G of Northeast Communications of Wisconsin, Inc.'s 
(Northeast) FCC Form 175 application for Auction No. 22.  Specifically, you request non-disclosure of financial information, submitted in support of Northeast's claim to "small business"
status.  You contend that because release of such information could harm the applicant's
competitive position in the auction, Exhibits C and G should be withheld from the public in order
to protect Northeast's continuing interest in the privacy of its financial information.

     We review requests for confidentiality and non-disclosure on a case-by-case basis.  
Section 0.459 of the Commission's rules requires an entity requesting confidential treatment to
submit a statement of the reasons for withholding the materials from inspection and of the facts
upon which those reasons are based.  Mere conclusory or generalized allegations cannot support a
request for nondisclosure.  Rather, the submissions must show by a preponderance of the
evidence that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5
U.S.C.  552.  

     We find that your request does not meet the requirements set forth in Section 0.459 of the
Commission's rules.  Your statements that disclosure of the financial information in Exhibits C and
G may result in substantial competitive harm are conclusory, and do not justify withholding from
inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22
as a "small business."  See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. 
Therefore, your request for confidentiality IS HEREBY DENIED.

                              Sincerely,


                              Amy J. Zoslov
                              Chief, Auctions and Industry Analysis Division
                              Wireless Telecommunications Bureau