V. Request for Confidentiality
By motion filed concurrently with the application on July 12, 2002, Edison requests leave to file under seal certain information contained in the agreements, which it states is confidential and commercially sensitive for Cingular. The information includes: the terms of the compensation between Edison and Cingular; certain terms governing the length of the leases; and the monetary amounts for liquidated damages.11 Edison filed narrowly redacted versions of the First Master Attachment Agreement, including its Standard Agreement as Exhibit 1 to the application, and the Second Master Attachment Agreement, and its Standard Agreement as Exhibit 2; Edison tendered the full text of the agreements under seal with its motion.
As Edison's motion argues, commercially sensitive information regarding the financial terms and conditions of the lease, if revealed to competing carriers, could disadvantage Cingular vis a vis such carriers. Public disclosure of the information also could disadvantage Edison in negotiations with other carriers over similar agreements. We have granted similar requests for confidential treatment in the past and will do so here, as further detailed in the ordering paragraphs of today's decision.
11 By letter dated October 28, 2003, Edison acknowledges a mismatch between the contents of the application (at pages 8, 9, and 13) and the motion, and states that Cingular joins Edison in expressly waiving any claim of confidentiality in the terms publicly disclosed in the application. The following terms have been publicly disclosed: (1) pursuant to the Standard Agreement, executed under the First Master Attachment Agreement, each license/lease will run for five years with options to renew for three additional terms of five years; rent is due annually for the first five years and the annual rent is adjusted every five years thereafter, and (2) pursuant to the Standard Agreement, executed under the Second Master Attachment Agreement, the annual rent for each license/lease will be adjusted every five years throughout the term of the lease.
