E. Request for Confidentiality
By motion filed concurrently with the application on October 18, 2002, Edison requests leave to file under seal certain information contained in the agreements, which it states is confidential and commercially sensitive for Verizon Wireless. The information includes: the terms of the compensation between Edison and Verizon Wireless; certain terms governing the length of the leases and renewal periods; and the monetary amounts for liquidated damages.8 Edison filed narrowly redacted versions of all of the agreements as Exhibits 1-13; 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 Verizon Wireless 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.
8 By letter dated October 28, 2003, Edison acknowledges a mismatch between the contents of the application (at page at 8) and the motion and states that Verizon Wireless 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 Stand-Alone Site Agreements annual rent is adjusted every five years throughout the term of the lease based on the total increase or decrease of the Consumer Price Index during the prior five-year period and (2) Stand-Alone Site Agreement #9 permits the renewal of that agreement for additional terms of five years each.
