20100819Confidentiality Statement.pdf

John Dodge
Robert Morgan
Davis Wright Tremaine LLP
1919 Pennsylvania Ave NW Suite 800
Washington, DC 20006
P: [phone]
F: [phone]
Attorneys for Mobilite, LLC
REt~E
21110 AUG '9 Âl~ 8: 32
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONS
Mobilitie, LLC Application for Certification
to Provide Non-switched Local Transport
Services throughout the State of Idaho
CASE NO. Moß-"t-lO--O(
WRITTEN STATEMENT Of CONFIDENTIALITY
Mobilitie, LLC ("Mobilitie" or "Applicant"), by counsel, and pursuant to Idaho Statutes §
9-340D and IDAPA 31.01.01.067, hereby files this Written Statement of Confidentiality
("Statement") in the above captioned proceeding. By this Statement, Mobilitie seeks
confidential treatment by the Idaho Public Utility Commission ("Commission") of certain
commercially sensitive financial information attached as Exhibit 4, fied as Confidential, to
Mobilitie's Application for a Certificate to provide facilities-based and resold competitive local
exchange services, access and nondominant interexchange services (hereinafer referred to as
"Services") to customers thoughout the State ofIdaho. Because this Statement is an inseparable
par of Mobilitie's Application, it is being fied concurrently therewith.
The Application requires Mobilitie to disclose evidence of its financial capability by
submitting documentation of its financial resources. Pursuant to this requirement, Mobilitie is
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submitting copies of its unaudited financial statements. These documents contain highly
confidential and strictly proprietary information, the public disclosure of which would result in
direct, immediate and substantial har to Mobilitie's competitive position in states where
Mobiltie is curently doing business.
The financial information submitted by Mobilitie in Exhibit 4 of its Application fits
squarely within the definition of "trade secrets" under Idaho Statutes § 9-340D(I)1 and qualifies
as exempt from disclosure under subsection (2) as a "business record of a private concern or
enterprise required by. law to be submitted to or inspected by a public agency. . . ,,2 As a
privately-held company, Mobilitie's financial qualifications are not readily ascertainable.
Mobilitie currently has no legal obligation to prepare or submit projected financial statements, or
to report any financial information to a public entity. Furher, the unavailability of this
information derives independent economic value for Mobilitie because the disclosure of such
information would jeopardize Mobilitie's ability to compete in the provision of
telecommunications services in Idaho and other states where it operates. Mobilitie is not a public
corporation, and its financial and business information is uniquely sensitive.
Mobilitie takes considerable efforts to maintain the secrecy of the information contained
in its financial statements. Financial information of this type is not publicly disseminated, and
Mobilitie takes reasonable steps to guard this information internally as welL. Its disclosure is
limited to Mobiltie's senior offcers, its counsel, and employees of the company who are directly
involved with Mobilitie's financial operations. Furthermore, when required to submit financial
information to public authorities, all such information is clearly stamped "confidential" and is
i '''Trade secrets' as used in this section means information ... . that: (a) (d)erives independent economic value,
actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other
persons who can obtain economic value from its disclosure or use; and (b) (i)s the subject of efforts that are
reasonable under the circumstances to maintain its secrecy." Idaho Statutes § 9-340D(I).2 Idaho Statutes § 9-340D(2).
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accompanied by formal requests to maintain the confidentiality of the information and to
withhold it from public disclosure.
The unaudited financial information included in support of Mobiltie's Application, for
which confidential treatment is requested, is both proprietary and competitively sensitive.
Mobilitie would suffer substantial direct harm if such information is made publicly available.
The harm that would result from public disclosure of Mobilitie's financial information is real and
not speculative. For the foregoing reasons, the financial information included in Exhibit 4
should be protected from public disclosure by the Commission.
WHEREFORE, Mobilitie respectfully requests that the information contained in Exhibit
4 of Mobilitie's Application be treated as exempt from public disclosure and provided
confidential treatment in accordance with Idaho Statutes § 9-340D and IDAPA 31.01.01.067.
Respectfully submitted,
MOBILITIE, LLC
a Nevada Limited Liability Company
BY:~
John Dodge
Robert Morgan
Davis Wright Tremaine LLP
1919 Pennsylvania Avenue, NW
Suite 800
Washington, DC 20006
[phone]
Counsel for Mobiltie, LLC
Dated: August 18,2010
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