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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the matter of                 )
                                )    File No. EB-04-SE-045
Perfect Fit Industries, Inc.     )


Adopted:  October 14, 2004              Released:  October 18, 

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:


     1.   In this Order (``Order''), we deny in its entirety a 
request for confidential treatment of material submitted by 
Perfect Fit Industries, Inc. (``Perfect Fit'') in response to a 
letter of inquiry (``LOI'') from the Enforcement Bureau.    


     2.   On March 5, 2004, the Spectrum Enforcement Division of 
the Enforcement Bureau sent Perfect Fit a LOI seeking information 
and documents concerning the compliance of Perfect Fit's Heated 
Mattress Pads with the requirements of Part 15 of the Rules.  
Perfect Fit submitted a response to the LOI on April 19, 2004.1  
Perfect Fit's response included a Request for Confidentiality in 
which Perfect Fit seeks confidential treatment of ``any and all 
information submitted in response'' to the LOI.  Perfect Fit 
states that ``[a]ll of the information falls into the category of 
trade secrets, and/or commercial, financial or technical 
information . . . that would customarily be guarded from 
disclosure to competitors.''  It further avers that the 
information is especially sensitive because of the Commission's 
ongoing investigation.  Finally, Perfect Fit argues that because 
much of the information it provides exceeds the scope of the 
specific inquiries in the LOI, confidentiality is especially 


     3.   Section 0.459 of the Rules establishes a procedure by 
which parties may request that information or materials that they 
have submitted to the Commission not be routinely available for 
public inspection.2  The rule requires that each such request 
shall contain a statement of the reasons for withholding the 
materials from inspection as described in Section 0.457 of the 
Rules,3 and of the facts on which this record is based, including 
in part (1) identification of the specific information, (2) an 
explanation of the degree to which the information is commercial 
or financial, or contains a trade secret or is privileged, (3) an 
explanation of the degree to which the information concerns a 
service that is subject to competition, (4) an explanation of how 
disclosure of the information could result in substantial 
competitive harm, and (5) justification of the time period during 
which the submitting party asserts that material should not be 
available for public disclosure.

     4.   We conclude that Perfect Fit's request for confidential 
treatment of the materials submitted in response to the LOI fails 
to comply with the standards set forth in Section 0.459 of the 
Rules.4  Perfect Fit did not provide an analysis of the degree to 
which each specific category of information meets the criteria of 
being commercial or financial, or contains a trade secret or is 
privileged.  Perfect Fit provided no discussion of the degree to 
which the Heated Mattress Pad industry is subject to competition.  
Perfect Fit likewise provided no discussion of how disclosure of 
the information it provided could result in substantial 
competitive harm, nor did Perfect Fit identify, or justify, a 
time period during which the information should not be disclosed.

     5.   Section 0.459(c) of the Rules states that casual 
requests for confidentiality that do not comply with Sections 
0.459(a) and (b) of the Rules will not be considered.  The LOI 
issued to Perfect Fit by the Spectrum Enforcement Division 
explicitly warned Perfect Fit that any requests to treat 
materials responsive to the LOI as confidential must comply with 
Section 0.459 and that ``blanket'' requests for confidentiality 
of a large set of documents would be unacceptable.  Nevertheless, 
as discussed above, Perfect Fit made a blanket request for 
confidentiality of all the information it provided.  Accordingly, 
pursuant to Section 0.459(c), we deny Perfect Fit's request.

     6.   Section 0.459(e) of the Rules states that information 
submitted voluntarily may be returned upon request of the person 
submitting the information, if the party's request for 
confidentiality is denied.  Perfect Fit argued that some of the 
information it provided in response to the LOI was not 
specifically requested by the Commission and therefore should be 
considered voluntary.  However, Perfect Fit failed to identify 
the subset of information in its response for which it seeks 
voluntarily-provided status.  Moreover, it did not request the 
return of such information as required by Section 0.459(e).  
Accordingly, we need not consider whether any materials provided 
by Perfect Fit should be returned at this time.


     7.   Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 
0.311, and 0.459(c), that the Request for Confidentiality filed 
on April 19, 2004 by Perfect Fit Industries, Inc., IS DENIED.

     8.   IT IS FURTHER ORDERED that, pursuant to Section 
0.459(g) of the Rules, that Perfect Fit Industries, Inc., may 
file an application for review of this denial with the Commission 
within five (5) working days of the release date of this Order. 

     9.     IT IS FURTHER ORDERED that a copy of this Order shall 
be sent by first class mail and certified mail, return receipt 
requested, to counsel for Perfect Fit Industries, Inc., Jack 
Richards, Esq. Keller and Heckman LLP, 1001 G Street. N.W., Ste 
500 West, Washington, D.C. 20005.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Joseph P. Casey
                              Chief, Spectrum Enforcement 
                              Enforcement Bureau

1  Letter from Jack Richards, Esq., Keller and Heckman LLP to 
Brian Butler, Spectrum Enforcement Division, Enforcement Bureau, 
(April 19, 2004) (``Response.'')
2  47 C.F.R.  0.459.
3  47 C.F.R.  0.457. 
4  47 C.F.R.  0.459.