5. Confidentiality Motions

AT&T filed a motion on April 1, 2003 for leave to file Attachment 3 of its comments under seal. Attachment 3 contains proprietary cost information, specifically proprietary labor rates and task times, that is sensitive, competitive data. The Commission has granted confidential treatment to such information in the past and will do so here. AT&T has requested that this information remain confidential indefinitely. The Commission usually restricts confidential treatment to two years. Although the request for confidentiality treatment was made six years ago, task times are proprietary internal information that should receive confidential treatment even if labor rates have been superseded. Thus, we will accord confidential treatment to this information for two years.

On May 14, 2007, DRA filed a motion to file under seal the Witteman declaration in support of DRA's comments regarding inclusion of wireless coverage maps as part of R.02-12-004. The declaration discusses matters and contains exhibits that the assigned ALJ in I.02-06-003 deemed confidential under GO 66-C and Pub. Util. Code § 583. The information should remain under seal for the same period of time the information remains under seal in I.02-06-003. Since the October 31, 2003 ruling in I.02-06-003 accorded confidentiality treatment for two years from the effective date of that ruling, confidentiality treatment has expired for the exhibits. Thus, DRA's motion is denied.

AT&T filed a motion on June 15, 2007 for leave to file under seal the proprietary and confidential Paragraph 3 of the Declaration of Yanita Koester in support of its reply comments. Paragraph 3 contains confidential, business-sensitive information regarding total labor costs and employee headcount calculations. The Commission has accorded confidential treatment to this type of information and will do so here. Paragraph 3 will remain under seal for two years after the effective date of this decision.

During the period for retaining confidential information under seal which we grant in response to the above AT&T motions, only the assigned commissioner, the assigned ALJ, the chief ALJ or the assistant chief ALJ shall view this information, except as agreed to by AT&T or ordered by a court of common jurisdiction. If AT&T believes it is necessary to keep this information under seal for longer than the approved period, it shall file a petition for modification at least 30 days prior to the expiration of this limited protective order.