DR 99-003
                         BELL ATLANTIC
       Special Contract Bell Atlantic/Vitts Network, Inc.
      Order Granting in Part Motion for Protective Order 
                    O R D E R  N O.  23,110
                        January 25, 1999
       On January 7, 1999, New England Telephone and Telegraph
     Company, d/b/a Bell Atlantic (Bell Atlantic or the Company),
     filed with the New Hampshire Public Utilities Commission
     (Commission) a Special Contract for Frame Relay Service and
     Digital Data Service (Special Contract) with Vitts Networks, Inc.
     (Vitts), pursuant to RSA 378:18.  In support of the filing, Bell
     Atlantic filed a contract overview, cost study details and the
     Special Contract (together referred to as the Information), in
     redacted and unredacted form.
       On the same date it filed the Special Contract, Bell
     Atlantic filed a Motion for Protective Order (Motion) seeking to
     exempt from disclosure portions of the Information, pursuant to
     RSA 91-A and N.H. Admin. Rule Puc 204.05 and Puc 204.06. 
     Pursuant to Puc 204.05(b), documents submitted to the Commission
     or Commission Staff accompanied by a motion for confidentiality
     shall be protected as provided in 204.06(d) until the Commission
     rules on the Motion for Confidential Treatment.
       In its motion, Bell Atlantic states that the
     Information contains customer-specific, competitively-sensitive
     information (Confidential Information), which includes the number
     of circuits the customer is purchasing, together with network
     size, routing and configuration data; information regarding
     specific service features, pricing and incremental costs; and
     contract terms such as special rates and billing, which are not
     reflected in tariffs of general application. Bell Atlantic states
     that the release of this information would cause harm to the
     Company's business interest and unfairly advantage competitors
     offering alternatives to the services the customer provides, and
     that it is within the "confidential, commercial or financial
     information" exemptions from disclosure set forth in RSA
     91-A:5,IV and N.H. Admin. Rules, Puc 204.06.  Bell Atlantic avers
     that the Confidential Information is not readily available to
     other competitors, would be of value to competitors in developing
     competitive marketing strategies, and is regularly protected from
     disclosure or dissemination in the company's ordinary course of
       Bell Atlantic also maintains that the Confidential
     Information includes customer proprietary network information
     (CPNI), release of which requires prior authorization by
     customers.  This information pertains to customer specific
     features identified in the filing, which Vitts considers
     financially or commercially sensitive.  Bell Atlantic avers that
     release of this information would compromise the privacy and
     competitive interests of Vitts.  
       Vitts has consented, in an agreement with Staff, to the
     disclosure of certain customer-specific pricing information that
     would otherwise fall within the scope of confidential information
     for the purpose of balancing the interests of requesting
     telecommunications carriers, if any, that may desire to resell
     telecommunications services Bell Atlantic offers at retail to
     subscribers who are not telecommunications carriers.
       A Bell Atlantic Staff Director, John M. Morningstar,
     attests that the representations of fact regarding the
     Information contained in the Motion are true and accurate.
       Bell Atlantic states that neither the Commission Staff
     nor the Office of Consumer Advocate take a position with regard
     to this Motion.
       We find that the Information provided in the filing
     contains Confidential Information meeting the requirements of
     N.H. Admin. Rule Puc 204.06 (b) and (c).  Based on the Company's
     representations, under the balancing test we have applied in
     prior cases, e.g.,Re New England Telephone Company (Auditel), 80
     NHPUC 437 (1995); Re Bell Atlantic, DE 97-171 (SGAT) 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 Bell Atlantic and Vitts of non-disclosure in this case
     outweigh the benefits to the public of disclosure.  The
     Confidential Information, with the exception of that which Vitts
     has consented to disclose, should be exempt from public
     disclosure pursuant to RSA 91-A:5,IV and N.H. Admin. Rule 204.06. 
       As in Docket DR 98-221, Bell Atlantic/Moore Center
     (Order No. 23,070 dated November 30, 1998), to the extent that
     the Confidential Information in this proceeding includes any
     information of the type granted confidential treatment in Re Bell
     Atlantic, Order No. 22,851, that information shall be subject to
     the same Confidential Treatment afforded to Bell Atlantic in that
     Order and should be available to parties in that Docket, to the
     Commission and to the Commission Staff, but not to the public.  
       Based upon the foregoing, it is hereby
       ORDERED, that Bell Atlantic's Motion for Protective
     Order is GRANTED IN PART, as modified above; 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-fifth day of January, 1999.
            Douglas L. Patch       Susan S. Geiger        Nancy Brockway
                Chairman             Commissioner          Commissioner
     Attested by:
     Claire D. DiCicco
     Assistant Secretary