5. Request to File Under Seal

On January 7, 2008, AT&T filed a motion for leave to file under seal confidential portions of its Phase II-B comments. AT&T states that the material on pages four and five of the Declaration of Scott P. Pearsons submitted in support of AT&T's Phase II-B Opening Comments (Pearsons Declaration) contains proprietary information regarding AT&T California's labor rates and the use of its network, and requests that it be filed under seal. AT&T asserts that the Commission has accorded confidential treatment for this kind of information in other similar proceedings. The information, if revealed, will place AT&T at an unfair business disadvantage.

We have granted similar requests in the past, and will grant AT&T's request for confidential treatment of the material on pages four and five of the Pearsons Declaration for a period of two years from the effective date of this decision. During that period the information will not be made accessible or disclosed to anyone other than the Commission staff except on the further order or ruling of the Commission, the assigned Commissioner, the assigned ALJ, or the ALJ then designated as Law and Motion Judge. If AT&T believes that further protection of the information is needed, it may file a motion stating the justification for further withholding of the information from public inspection, or for such other relief as the Commission rules may then provide. This motion shall be filed no later than one month before the expiration date.

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