7. Carrier Access to Underlying Data
The ACR proposed that all LECs and CLECs be required to provide their underlying data supporting the required tariff changes to another carrier, if requested, subject to a non-disclosure agreement that carriers must develop. The ACR proposed this approach as a vehicle for allowing carriers access to information in order to determine if they should, indeed, file protests to the advice letters filed in compliance with this decision. Sprint, CALTEL, Verizon, and Cox generally support this requirement. CALTEL and Verizon recommend that we develop a standard non-disclosure agreement. Because Comcast recommends that it is not necessary for LECs that have filed tariffs to make intrastate access rates equivalent to interstate access rates to include the supporting data described in the ACR, Comcast also opposes the requirement to provide such data to carriers who so request, contending that such information is proprietary and will serve no purpose. Frontier also opposes this requirement, stating that allowing "access" to other parties (despite a non disclosure agreement) opens the door for competitors to seek access to sensitive cost and demand information. In addition, such review will make the approval process much more complicated and time-consuming.32 After careful consideration, we agree with Comcast and Frontier. We conclude that requiring carriers to provide the proprietary data, even under a Non-Disclosure Agreement, is likely to be controversial and could well delay the filings. We encourage carriers to work together to resolve issues and concerns. We decline to adopt a uniform non-disclosure agreement. We do not have the record here to develop such a non-disclosure agreement and, it is likely that such a requirement will lead to multiple discovery disputes.
32 Frontier Comments to ACR at 4.
