Paging Network Inc. reiterated to the Federal Communications Commission that relevant information about MobileMedia Corp.’s FCC rule violations should be made public and available for comment so PageNet and other paging operators can determine if any competitive harm was sustained as a result of the violations.
About three months ago, New Jersey-based MobileMedia announced it had falsely reported that construction of certain paging stations was completed and was late in reporting that other constructed paging stations had been completed.
In December, PageNet of Dallas filed a petition asking that the violations be made public. MobileMedia immediately opposed the petition and asked the FCC to deny it, maintaining the information is not in PageNet’s or the public’s interest and that FCC rules allow that financial and commercial matters remain confidential.
In its opposition to PageNet’s petition, MobileMedia states that PageNet’s description of competitive harms “disproves its claimed need for more details and a public comment period to evaluate harm done by [MobileMedia’s] inaccurate filings.”
PageNet’s reply states, “Indeed by conceding that its extensive rule violations had a competitive impact, the opposition makes disclosure of the information sought by PageNet all the more necessary.”
Further, PageNet says it cannot accurately diagnose competitive damages since MobileMedia has not revealed publicly how many violations it committed, their nature, when they occurred or what facilities were involved.
Addressing MobileMedia’s claim for confidentiality, PageNet said the company’s voluntary disclosure of the information waives any such privilege.
Kara Palamaras, spokeswoman for the FCC Wireless Telecommunications Bureau, said FCC action regarding MobileMedia’s violations is pending. She noted that the case is a priority of the commission.
