D. TURN's Motion to Unseal Documents

After Applicants filed their motion for withdrawal, TURN sought an order unsealing certain documents in the record of this proceeding.²⁰ Because Applicants have met their burden of demonstrating that the documents should remain confidential, the motion is denied.

The documents at issue are the following:

(1) three pages from a training document discussing Sprint's marketing prices for customers with low usage (Ex. C-502, SCA 2001231-1233)

(2) tables showing aggregate calculations of average revenue per minute (ARPM) paid by WorldCom customers (Ex. C-11 (Hall), Tables 1-4; Exs. C-514, C-517, C-518, C-525, C-535; and Ex. C-62 (Nedohon).

TURN alleges the Sprint documents show Sprint does not market to low volume customers, and that the WorldCom documents rebut WorldCom's public assertions that price reductions outpace access charge reductions.

Applicants oppose TURN's motion on the grounds that the documents remain confidential.²¹ They claim the documents are protected from disclosure by the trade secret privilege, are not shared with competitors, are developed only after the expenditure of significant time and resources, and are not available even to Applicants' own employees in some cases. They assert they will suffer competitive harm from the documents' disclosure.

Applicants have adequately demonstrated the need for the documents to remain confidential. TURN's motion is denied without prejudice to its right to renew the motion in future proceedings.