DE 98-072
BUSINESS COMMUNICATIONS
NETWORKS CORPORATION
Application for Certification as a CLEC
Order Granting in Part and Denying in Part
a Motion for Proprietary Treatment
O R D E R N O. 22,954
June 8, 1998
On May 5, 1998, Business Communications Networks
corporation, d/b/a Lightship Telecom (Lightship) filed with
the New Hampshire Public Utilities Commission (Commission),
pursuant to RSA 374:22-g and N.H. Admin. Rules Chapter Puc
1300, an application for authority to operate as a
Competitive Local Exchange Carrier (CLEC) in New Hampshire.
On the same date, Lightship filed a Motion for Confidential
Treatment to exempt from disclosure Exhibit 3 of the
application pursuant N.H. Admin. Rule Puc 204.06. Lightship
does not indicate that it has sought concurrence from the
Office of the Consumer Advocate or the Commission Staff.
Lightship filed the application in redacted form
as well as full, unredacted copies. Pursuant to Puc
204.05(b), documents submitted to the Commission or Staff
accompanied by a motion for confidentiality are not
disclosed to the public and are maintained as provided in
Puc 204.06(d) until the Commission rules on the Motion for
Confidential Treatment.
In its motion, Lightship argues that Exhibit 3
contains confidential financial information, specifically a
balance sheet and proforma income statement, which is within
the exemptions from disclosure permitted by RSA 91-A:5,IV,
as demonstrated by information submitted pursuant to N.H.
Admin. Rule Puc 204.06(b) and (c). Specifically, Lightship
avers that the proforma income statement is based on
internal projections, not available to the general public,
which would reveal the financial condition of the company
with greater particularity than is revealed by compliance
with the minimum capitalization requirement of Puc
1304.01(b)(1). Puc 1304.01(b)(1) adequately protects the
public interest by assuring the financial integrity of
CLECs, according to Lightship, whereas further disclosure of
confidential financial information would be harmful.
Lightship describes the benefits of nondisclosure as the
protection of commercial information and encouragement of
additional CLEC applications.
We review Lightship's motion by the standards set
forth in Puc 204.06. Insofar as Exhibit 3 contains
projected financial information which is valuable to
competitors, i.e., the pro-formed income statement,
Lightship has demonstrated that the information, if made
public, would likely create a competitive disadvantage,
pursuant to Puc 204.06(c)(1). Insofar as Exhibit 3 contains
financial information which would otherwise be filed as part
of an annual report, i.e., the balance sheet, Lightship has
failed to meet any of the requirements of Puc 204.06(c).
Lightship does not demonstrate any competitive disadvantage;
customer information is not implicated; and, efforts to
prevent dissemination of the information have not been made
in the ordinary course of business.
Based on the Company's representations, under the
balancing test we have applied in prior cases, e.g., Re US
WEST Interprise America, Inc., Order No. 22,642 (July 7,
1997); Re New England Telephone Company (Auditel), 80 NHPUC
437 (1995); Re Bell Atlantic, Order No. 22,851 (February 17,
1998); Re EnergyNorth Natural Gas, Inc., Order No. 22,859
(February 24, 1998), we find that the benefits to Lightship
of non-disclosure in this case outweigh the benefits to the
public of disclosure with regard to the proformed income
statement but not to the balance sheet.
Based upon the foregoing, it is hereby
ORDERED, that Lightship's Motion for Confidential
Treatment of Exhibit 3 is granted in part and denied in
part; and it is
FURTHER ORDERED, that this Order is subject to the
ongoing rights of the Commission, on its own motion or on
the motion of Staff, any party or any other member of the
public, to reconsider this Order in light of RSA 91-A,
should circumstances so warrant.
By order of the Public Utilities Commission of New
Hampshire this eighth day of June, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary