Here's a
sixth pass at the prototype letter; feel free to comment.
You may modify this letter as you wish but keep in mind that requesting (demanding), for cause, termination of a device-maker's confidentiality protection is a serious complaint. You must cite applicable regulations, make a compelling argument and support it with facts.
Be sure to remove the [Edit] notations before sending the letter.
--BAM
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Email Layout--
[Subject]
Re: Request to Terminate Short-Term Confidentiality, FCC ID A3LSCHi760
[Date]
Honorable Commissioners of the FCC:
I am writing to request that Short-Term Confidentiality protection granted to Samsung Electronics Co., Ltd. ("Grantee") for the above device and applicable to certain filing attachments, effective March 30, 2007, be terminated forthwith. (Equipment Short-Term Confidentiality is requested by device manufacturers or distributors under DA 04-1705, and subject to 47 CFR §0.457, 47 CFR §0.459, 47 CFR §2.803, and/or 47 CFR §2.1204, and to §552 (b) (4) of the Freedom of Information Act.)
Substantial merchandising and publicity initiatives on behalf of the above model appear to have commenced even prior to Grantee's submission to the FCC of its confidentiality request letter, dated January 17, 2007, and are ongoing.
https://gullfoss2.fcc.gov/prod/oet/forms/blobs/retrieve.cgi?attachment_id=756706&native_or_pdf=pdf
For example, Samsung featured this product in its January “Insight” E-Newsletter, a promotional vehicle dispatched to an extensive consumer mailing list. The newsletter was distributed on or about January 18, 2007, just one day after the manufacturer/importer’s request for FCC privacy protection.
http://pdaphonehome.com/forums/attachments/samsung-sch-i760/10553-terminate-i760-short-term-confidentiality-complain-fcc-samsung-january-insight-newsletter.pdf?d=1175799864
As further shown by the below-hyperlinked references--and in violation of both the spirit and letter of FCC regulations governing temporary confidentiality requests--Grantee has facilitated, and engaged in, pervasive public marketing activities throughout the pendency of its Application for Equipment Authorization.
In addition, it is apparent that Samsung has requested Short-Term Confidentiality for a blanket period of 180 days. My understanding is that, perhaps to prevent "squatting," FCC policy confers an initial grant of confidentiality for just 45 days--renewable in like increments, subject to continued justification and upon timely written request,
up to a maximum of 180 days.
It is discouraging to observe that abuses of the Short-Term Confidentiality provisions of DA 04-1705 (June 15, 2004) have become routine and shameless, as they defeat transparency and mock and compromise the public interest.
Thus, as a general request, I ask that the FCC audit, and revisit the implementation and effectiveness of, its permissive current policy.
Thank you for your consideration.
Very truly yours,
[Name]
[Telephone Number]
Enclosures (Hyperlinks)
Representative Public Marketing Activities for FCC ID A3LSCHi760:
[Insert AT LEAST 5 (Five) Links to "Violations" Here, Make sure they are the actual address and not the text.]
CNET TV (CNET Networks, Inc.), "Product Spotlight, CES 2007," January 8-11, 2007
CES 2007 videos - Consumer Electronics Show Las Vegas - CNET.com
Samsung Electronics, Press Release and Product Overview, January 8, 2007
SAMSUNG's Digital World - Press Release
imagine the possibilities
PhoneScoop.com (Phone Factor LLC), "CES 2007," January 8-11, 2007
CES 2007 + iPhone (Phone Scoop)
Samsung Telecommunications America, Press Release, March 27, 2007
Four Samsung Telecommunications America Products Named CTIA Emerging Technology Award Finalists
MobileBurn.com (Michael F. Oryl, Jr.), "CES Gallery," January 8, 2007
Samsung SCH-i760 Live Photo Gallery (MobileBurn)
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Note: Before sending your letter, be sure the links you cite are among those we have "vetted" and are on the community's "Approved" list. This process is ongoing.
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Filing the Complaint:
An FCC complaint may be filed by email to the following address (note that there appears to be no specific procedure or address for complaints related to Equipment Authorization filings):
fccinfo@fcc.gov
Alternatively, complaints may be filed by snail mail and fax (toll-free); consult this page for more information:
Filing a Complaint - General
When filing an FCC complaint by any method, please observe its guidelines:
"The following information is required when filing a General complaint with the FCC:
Your name, address and the telephone number or numbers involved with your complaint; (if telephone related)
A telephone number where you can be reached during the business day;
Specific information about your complaint, including the names of all companies involved with your complaint;
Names and telephone numbers of the company representatives that you contacted, the dates that you spoke with these representatives, and any other information that would help process your complaint;
If telephone related, include a copy of the bill(s) listing the disputed charges;
What type of resolution are you seeking?"