On July 13, the Federal Communications Commission released a Public Notice stating that on June 28, Sprint notified the FCC that the company had received civil investigation demands ("CIDs") from various states seeking full, unredacted copies of all materials Sprint has filed (or will file) with the FCC concerning the review of AT&T's purchase of T-Mobile. In connection with the CIDs to Sprint and other carriers, on July 11, 2011, the Offices of the Attorney General of four states, New York, Pennsylvania, Texas, and Washington, sent letters to the FCC stating that they seek to review confidential information in connection with their investigations of the transaction. The letters state that it is the Offices' policy to keep this information confidential. They further state that the information will be used only for legitimate law enforcement purposes and that the Offices will not disclose the information unless it is required by law or is necessary to further a legitimate law enforcement purposes The Offices of the Attorney General of Pennsylvania and Texas state that they will not disclose the information without the consent of the affected parties or unless ordered by a court for cause; the Offices of the Attorney General of New York and Washington state that if it is necessary to disclose the confidential information in court filings, they will notify the affected parties as soon as is reasonably practical, seek to file such information under seal, and make reasonable efforts to limit disclosure of the information until the affected parties have had an opportunity to appear before the court and the court has ruled on any request by the affected parties.
The Offices of the Attorney General of Pennsylvania and Texas state that the information is exempt from disclosure under their state freedom of information laws, while the Offices of the Attorney General of New York and Washington state that if a request is made under their state freedom of information laws, they will assert all applicable exemptions and use their best efforts to provide concerned parties with notice prior to the release of any information. The Offices of the Attorney General of New York and Washington further state that if the confidential information becomes the subject of discovery in any litigation to which they are a party, they will use their best efforts to ensure that a protective order is entered, and will not voluntarily provide the information until concerned parties have had an opportunity to review and comment on the protective order and to apply to the court for further protection.
Sprint has agreed that it will not provide unredacted materials containing confidential information to these state Offices of the Attorney General earlier than July 25, 2011. The FCC is providing this notice to inform carriers of the requests of the state Offices of the Attorney General to allow carriers the opportunity to contact the state Offices of the Attorneys General or to take any other action they may deem appropriate if they have concerns or oppose disclosure. Comments or objections should not be filed with the FCC.