Jones Ruling Granting Motion of Pacific Bell to Retain Cost Data Under Seal

KAJ/sid 4/16/2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking on the Commission's Own Motion to Govern Open Access to Bottleneck Services and Establish a Framework for Network Architecture Development of Dominant Carrier Networks.

Rulemaking 93-04-003

(Filed April 7, 1993)

(Line Sharing Phase)

Investigation on the Commission's Own Motion into Open Access and Network Architecture Development of Dominant Carrier Networks.

Investigation 93-04-002

(Filed April 7 1993)

(Permanent Line Sharing Phase)

ADMINISTRATIVE LAW JUDGE'S RULING

GRANTING MOTION OF PACIFIC BELL TELEPHONE COMPANY

TO RETAIN COST DATA UNDER SEAL

On March 1, 2000, Pacific Bell Telephone Company (Pacific) filed a motion for leave to file line sharing cost support (attached to the Motion of Pacific Bell (U 1001 C) to File an Offer to Amend Existing Interconnection Agreements as Ordered by Ruling of Chief Administrative Law Judge) under seal. Additionally, on March 27, 2000, Pacific requested leave to file further cost data (attached to the Petition of Pacific Bell Telephone Company (U 1001 C) for Arbitration with Various Companies Regarding Interim Agreement for Line Sharing), under seal. Finally, during hearings held April 11-14, 2000, two of Pacific's Exhibits (testimony and workpapers of cost witness Scott Pearsons) were submitted under seal. In a Ruling dated April 19, 2000, Administrative Law Judge (ALJ) Mattson granted both of Pacific's motions to seal, and also sealed the exhibits received at hearing. The Ruling also stated that the materials at issue should be unsealed two years from the date of the ruling, unless, no less than 30 days prior to that date a party files a motion requesting that the materials remain sealed.

Pursuant to the April 19, 2000 ALJ Ruling, Pacific requests that the Commission extend the protection against disclosure for its confidential and proprietary materials filed under seal in the above-entitled proceeding. This request is particularly appropriate, since the Commission has not yet issued a decision in this proceeding.

According to Pacific, the grounds for originally placing Pacific's cost studies under seal still exist today. The cost data Pacific requested to be sealed contains detailed investment and cost information for a competitive service - line sharing.

Pacific has stated sufficient grounds under General Order 66-C to justify the requested relief. The motion of Pacific is granted, as ordered below.

IT IS RULED that:

1. The cost data, contained in the Motion of Pacific Bell (U 1001 C) To File an Offer to Amend Existing Interconnection Agreements as Ordered by Ruling of Chief Administrative Law Judge (filed March 1, 2000), the Petition of Pacific Bell Telephone Company (U 1001 C) for Arbitration with Various Companies Regarding Interim Agreement for Line Sharing (filed March 27, 2000), and Sealed Exhibits 3161 and 3165 in the Interim Line Sharing proceeding, shall remain under seal for a period of one year from the date of this ruling.

2. The documents shall remain under seal for a period of one year from the date of this ruling unless good cause is shown by a subsequent motion as to why the documents should continue to remain under seal beyond that date. Such motion shall be filed no later than 30 days before the expiration of this protective order.

Dated April 16 2002, at San Francisco, California.

/s/ KAREN A. JONES

Karen A. Jones

Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling Granting Motion of Pacific Bell Telephone Company to Retain Cost Data Under Seal on all parties of record in this proceeding or their attorneys of record.

Dated April 16, 2002, at San Francisco, California.

/s/ FANNIE SID

Fannie Sid

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.