DE 98-080 DEICA COMMUNICATIONS, INC. Petition for Arbitration Order Granting Motion for Proprietary Treatment O R D E R N O. 23,027 September 22, 1998
On May 13, 1998, DEICA Communications, Inc. d/b/a Covad Communications Company (Covad) filed with the New Hampshire Public Utilities Commission (Commission), pursuant to 47 U.S.C. 252 of the Telecommunications Act of 1996 (TAct), a Petition for Arbitration of an interconnection agreement. On July 29, 1998, Covad filed a Motion for Confidential Treatment of Covad's List of Central Office Collocation Sites, pursuant to N.H. Admin. Rule Puc 204.06. Covad sought concurrence to its motion and indicated that New England Telephone and Telegraph Company (Bell Atlantic), the Office of the Consumer Advocate, and the Staff of the Commission (Staff) do not object. Pursuant to N.H. Admin. Rule Puc 204.05(b), documents submitted to the Commission or Commission Staff accompanied by a motion for confidentiality are not disclosed to the public and are maintained as provided in N.H. Admin. Rule Puc 204.06(d) until the Commission acts on the Motion for Confidential Treatment. In its motion, Covad states that its list of proposed central office collocation sites is confidential commercial information, which is within the exemptions from disclosure permitted by RSA 91-A:5,IV, as demonstrated by information submitted pursuant to N.H. Admin. Rule Puc 204.06(b) and (c). According to Covad, the list is not generally available to the public and Covad makes efforts to prevent its disclosure. Covad and Bell Atlantic have a current non-disclosure agreement restricting Bell Atlantic's ability to use this type of information. Covad claims that disclosure would give competitors advance notice of its intended course of business in New Hampshire, to Covad's disadvantage. We review Covad's motion by the standards set forth in Puc 204.06. Insofar as the list of central office collocation sites contains detailed information which is valuable to competitors, Covad has demonstrated that the information, if made public, would likely create a competitive disadvantage, pursuant to Puc 204.06(c)(1). Based on the company's representations, under the balancing test we have applied in prior cases, e.g., Re US WEST Interprise America, Inc., Order No. 22,642 (July 7, 1997); Re New England Telephone Company (Auditel), 80 NHPUC 437 (1995); Re Bell Atlantic, Order No. 22,851 (February 17, 1998); Re EnergyNorth Natural Gas, Inc., Order No. 22,859 (February 24, 1998), we find that the benefits to Covad of non-disclosure in this case outweigh the benefits to the public of disclosure. We will, therefore, grant Covad's Motion for Protective Treatment pursuant to RSA 91-A:5,IV and N.H. Admin. Rules, Puc 204.06. Based upon the foregoing, it is hereby ORDERED, that Covad's Motion for Confidential Treatment of Exhibit F is granted; and it is FURTHER ORDERED, that this Order is subject to the ongoing rights of the Commission, on its own motion or on the motion of Staff, any party or any other member of the public, to reconsider this Order in light of RSA 91-A, should circumstances so warrant. By order of the Public Utilities Commission of New Hampshire this twenty-second day of September, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary