20031209Order No 29393.pdf

Office of the Secretary
Service Date
December 9, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IPUC RESPONSE TO FCC)
ORDER ON REVIEW OF SECTION 251
UNBUNDLING OBLIGATIONS OF
INCUMBENT LOCAL EXCHANGE CARRIERS
(CC DOCKET NO. 01-338). CASE NO. GNR- T -03-
NINE-MONTH REVIEW OF ECONOMIC AND
OPERATIONAL IMPAIRMENT REGARDING
ACCESS TO SPECIFIC UNES.
ORDER NO. 29393
On November 26, 2003, Qwest Corporation filed a Motion for Order Relating to
Disclosure of Third Party Information. Qwest's Motion states that
, "
because of its status as
wholesale provider of network services and elements to carriers and CLECs (competitive local
exchange carriers), Qwest possesses information that is both proprietary and confidential to its
carrier/CLEC customers." Qwest Motion p. 2. As an example, Qwest represented that it has
already received production requests requiring it to produce information that "will reveal the
identity of particular CLECs or carriers, the services they purchase from Qwest, and details of
their businesses such as CLEC - specific numbers of access lines served through UNE- P and
UNE-, and switch and collocation information." Qwest Motion p. 2. Qwest notes that the
Commission has issued a Protective Order in this case for the disclosure of confidential and
highly confidential information. By its Motion, Qwest asks the Commission to issue an Order
requiring Qwest to identify and distribute information belonging to a CLEC or other carrier that
may be confidential or proprietary under the "highly confidential" designation of the Protective
Order.
At its Decision Meeting on December 1 , 2003, the Commission determined to grant
Qwest's Motion. Accordingly, the Commission issues this Order directing Qwest to safeguard
the proprietary or confidential information in its possession that belongs to third party carriers.
To do so, Qwest may designate such information as "highly confidential" when it responds to
relevant discovery requests. The Protective Order will then direct the handling of the
information Qwest designates as "highly confidential."
ORDER NO. 29393
ORDER
IT IS HEREBY ORDERED that Qwest's Motion for an Order Relating to Disclosure
of Third Party Information is approved. Qwest is directed to identify and distribute information
about a third party CLEC or other carrier that is proprietary or confidential as "highly
confidential." The distribution of such information will then be controlled by the Commission
Protective Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 'It#'-
day of December 2003.
PAU
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~JD.
J a D. Jewell
Commission Secretary
bls/O:GNRT0323 ws3
ORDER NO. 29393