DT 99-030
FAIRPOINT COMMUNICATIONS
Petition for CLEC Authority
Order Granting Motion for Protective Order
O R D E R N O. 23,191
April 6, 1999
On March 12, 1999, FairPoint Communications Corporation
(FairPoint), filed with the New Hampshire Public Utilities
Commission (Commission) a petition for authority to provide
telecommunications service in New Hampshire as a facilities-based
competitive local exchange carrier (CLEC). In support of the
filing, on December 9, 1998, FairPoint filed its current balance
sheet and income statement. On the same date FairPoint filed a
Motion for Confidential Treatment seeking to exempt the balance
sheet and income statement from disclosure, pursuant to RSA 91-A
and N.H. Admin. Rule Puc 204.06.
Pursuant to Puc 204.05(b), documents submitted to the
Commission or Commission Staff accompanied by a motion for
confidentiality are protected as provided in 204.06(d) until the
Commission rules on the Motion for Confidential Treatment.
In its motion, states that the balance sheet and income
statement constitute competitively sensitive information
(Confidential Information), the release of which would cause harm
to the Company's business interest, that 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. FairPoint avers that the Confidential Information is
regularly protected from disclosure or dissemination in the
company's ordinary course of business and is not generally in the
public knowledge or published elsewhere. FairPoint also
specifically claims that the Confidential Information is not
available in an annual report because the company is a privately
owned company.
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 FairPoint of non-disclosure in this case outweigh the benefits
to the public of disclosure. The Confidential Information should
be exempt from public disclosure pursuant to RSA 91-A:5,IV and
N.H. Admin. Rule 204.06.
Based upon the foregoing, it is hereby
ORDERED, that FairPoint's Motion for Confidential
Treatment 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 sixth day of April, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary