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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Perfect Fit Industries, Inc. ) File No.: EB-04-SE-045
)
)
)
ORDER
Adopted: February 22, 2005 Released: February 24,
2005
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. On October 18, 2004, the Spectrum Enforcement Division
of the Enforcement Bureau issued an Order denying a
request for confidential treatment of certain
materials submitted by Perfect Fit Industries, Inc.
(``PFI'') in response to a letter of inquiry.1 The
Order denied PFI's confidentiality request because it
failed to comply with the standards set forth in
Section 0.459 of the Commission's Rules (``Rules'').2
Subsequently, on October 25, 2004, PFI filed an
Application for Review of the confidentiality ruling
pursuant to Section 0.459(g) of the Rules.3 On
February 10, 2005, the Enforcement Bureau and PFI
entered into a Consent Decree,4 which terminated an
investigation into PFI's compliance with Section
302(b) of the Communications Act of 1934, as amended,5
and Parts 2 and 15 of the Rules.6 PFI then filed a
Motion to Withdraw the pending Application for
Review.7
2. In this Order, we grant PFI's Motion to Withdraw and
dismiss its Application for Review. In addition, we
vacate our October 18, 2004 confidentiality ruling.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections
0.111 and 0.311 of the Rules,8 PFI's Motion to
Withdraw IS GRANTED and its Application for Review IS
DISMISSED.
4. IT IS FURTHER ORDERED that the confidentiality ruling
issued on October 18, 2004, Perfect Fit Industries, Inc., 19 FCC
Rcd 19889 (Enf. Bur., Spectrum Enf. Div., 2004), IS VACATED.
5. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by first class mail and certified mail, return receipt
requested, to Louis R. Morris, President, Perfect Fit Industries,
Inc. 8501 Tower Point Drive, Charlotte, North Carolina 28227, and
to Jack Richards, Esq., Keller and Heckman LLP, 1001 G Street,
N.W., Suite 500 West, Washington, D.C. 20001.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement Division
Enforcement Bureau
_________________________
1 Perfect Fit Industries, Inc., 19 FCC Rcd 19889 (Enf. Bur.,
Spectrum Enf. Div., 2004).
2 47 C.F.R. § 0.459.
3 Perfect Fit Industries, Inc. Application for Review (filed
October 22, 2004). On November 15, 2004, PFI filed a Supplement
to its Application for Review. Perfect Fit Industries, Inc.
Supplement to Application for Review (filed November 15, 2004).
4 Perfect Fit Industries, Inc., DA 05-337 (Enf. Bur., February
10, 2005).
5 47 U.S.C. § 302a(b).
6 47 C.F.R. § 2.1 et seq. and § 15.1 et seq.
7 Perfect Fit Industries, Inc. Motion to Withdraw Application for
Review (filed February 10, 2005). PFI included the November 15,
2004 Supplement to its Application for Review within the scope of
its Motion to Withdraw.
8 47 C.F.R. §§ 0.111, 0.311.