DE 97-171
                               BELL ATLANTIC
              Petition for Approval of Statement of Generally
                              Available Terms
          Order Granting AT&T's Motion for Proprietary Treatment
                         O R D E R   N O.  22,913
                              April 30, 1998
         On March 25, 1998, AT&T Communications of New
     Hampshire, Inc.  (AT&T) filed with the Commission a Motion
     for Protective Treatment of certain information regarding
     Primary Interexchange Carrier (PIC) change data.  AT&T
     specifically requests protective treatment of pages 21 and
     22 of AT&T Witness Sandra Kale's testimony; and of Exhibit 2
     attached to that testimony (hereinafter collectively the
     Information).  AT&T requests that the Information receive
     proprietary treatment by the Commission, restricting access
     to the Commission, the Staff, and the Parties for use in
     this docket only.  AT&T has sought concurrence from all
     parties and the Commission Staff.  Freedom Ring concurs in
     the motion.  Sprint and Vanguard Cellular do not object. 
     Other parties and Staff  had not responded to AT&T at the
     time of the filing.
         AT&T asserts that the Information is exempt from
     public disclosure under RSA 91-A:5,IV, in that it pertains
     to confidential commercial or financial information which
     warrants confidential treatment pursuant to Puc 204.05 and
     06.  The Information, according to AT&T, reveals the number
     of AT&T interexchange customers gained and lost by month and
     by state in the Bell Atlantic Northeast Region for January
     through June 1997.  These numbers would allow competing
     carriers to identify AT&T's vulnerability in particular
     geographic areas, giving them a competitive advantage by
     providing a focus for marketing efforts.  The Information is
     competitively sensitive commercial information in the nature
of a trade secret, according to AT&T, which is not general
public knowledge and has not been published elsewhere. 
Within AT&T, the Information is marked Proprietary;
employees and outside consultants are subject to
restrictions regarding its use in order to prevent
     Based on the characteristics of the Information
described above, the Information warrants protection under
RSA 91-A:5,IV and the Commission's standards for granting
confidential treatment in Re New England Telephone Co., DR
95-069, Order 21,731 dated July 10, 1995 and codified at Puc
204.06.  AT&T has demonstrated that release of the
Information would provide competitors with an unfair
competitive advantage in developing marketing strategies.  
     Under the balancing test we have applied in prior
cases, Re New England Telephone & Telegraph Company
(Auditel),  80 NH PUC 437 (1995); Re Bell Atlantic, Order
No. 22,851 (February 17, 1998); Re EnergyNorth Natural Gas,
Inc., Order No. 22,859 (February 24, 1998), the benefits of
non-disclosure to AT&T appear to outweigh the benefits of
disclosure to the public.  Puc 204.06(d) provides us with
latitude to prescribe the manner in which information shall
be protected from disclosure.  Therefore, we shall order
     that the Parties and Staff give AT&T prior notice of the
     identity and affiliation of independent consultants,
     experts, or any other person, to whom the Parties and Staff
     intend to provide access to the Information.  AT&T may
     refuse such access to any person who is an officer,
     director, stockholder, partner, owner, consultant or
     employee of a competitor or competitor's affiliate. 
       Based upon the foregoing, it is hereby
       ORDERED, that AT&T's Motion for Proprietary
     Treatment of the Information is  GRANTED, pursuant to the
     requirements discussed above, and it is
       FURTHER ORDERED, that this order is subject to the
     Commission's on-going rights in light of RSA 91-A, should
     circumstances so warrant.
       By Order of the Public Utilities Commission of New
     Hampshire this thirtieth day of April, 1998.
        Douglas L. Patch    Bruce B. Ellsworth          Susan S.
            Chairman           Commissioner                  Commissioner
     Attested by:
     Claire D. DiCicco
     Assistant Secretary