BEFORE THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS
Suite 1700
100 Washington Square
Minneapolis, Minnesota 55401-2138
BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION
Suite 350
121 Seventh Place East
St. Paul, Minnesota 55101-2147
Gregory Scott Chair
Edward A. Garvey Commissioner
Marshall Johnson Commissioner
LeRoy Koppendrayer Commissioner
Phyllis A. Reha Commissioner
In the Matter of an Investigation Regarding MPUC Docket No. P-421/CI-96-1114
Qwest’s Compliance with Section 271 of the OAH Docket No. 12-2500-14473-2
Telecommunications Act of 1996 with Respect
to the Provision of InterLATA Services
Originating in Minnesota
In the Matter of a Commission Investigation MPUC Docket No. P-421/CI-01-1370
Into Qwest’s Compliance with Sec. 271 (c)(2)OAH Docket No. 12-2500-14485-2
(B) of the Telecommunications Act of 1996;
Checklist Items 3, 7, 8, 9, 10 and 12
In the Matter of a Commission Investigation MPUC Docket No. P-421/CI-01-1371
Into Qwest’s Compliance with Sec. 271 (c)(2)OAH Docket No. 7-2500-14486-2
(B) of the Telecommunications Act of 1996;
Checklist Items 1, 2, 4, 5, 6, 11, 13 and 14
In the Matter of a Commission Investigation MPUC Docket No. P-421/CI-01-1372
Into Qwest’s Compliance with Sec. 272 OAH Docket No. 7-2500-14487-2
of the Telecommunications Act of 1996’s
Separate Affiliate Requirements
In the Matter of a Commission Investigation MPUC Docket No. P-421/CI-01-1373
Into Qwest’s Compliance with Sec. 271 (d) OAH Docket No. 12-2500-14488-2
(3)(C) of the Telecommunications Act of 1996
That the Requested Authorization is Consistent
with the Public Interest, Convenience and
Necessity
In the Matter of the Commission’s Review MPUC Docket No. P-421/CI-01-1375
and Investigation of Qwest’s Unbundled OAH Docket No. 12-2500-14490-2
Network Element (UNE) Prices
1. Qwest moved to clarify the protective order governing the handling of CLEC data, in light of the filing deadline on the Public Interest docket, OAH No. 6-2500-14488-2, requiring the initial filing on December 10, 2001. Qwest expressed concern that individual CLECs would have sensitive marketing data disclosed in that filing. Such data includes: the quantity of CLEC business and residential customer records reported in the E-911 database, the quantity of interconnection trunks in service purchased from Qwest, the quantity of telephone numbers ported, the quantity of white pages listings, the quantity of resold lines, the quantity of unbundled loops (stand-alone unbundled loops and UNE-P) and performance indicator definitions data or other performance data. In addition, during discovery in OAH No. 6-2500-14485-2 and OAH No. 6-2500-14486-2, parties have and may continue to request that Qwest produce other information regarding the nature and scope of services and facilities requested or ordered by CLECs from Qwest pursuant to Sections 251 and 252 of the Act and agreements between CLECs and Qwest and Qwest’s performance relating to such requests or orders. The other parties to this proceeding agreed that this CLEC data is sensitive and that steps need to be taken to preclude improper disclosure of this information.
2. Information specific to CLECs is hereby ordered to be produced by Qwest and must only be made available to (i) the Commission and its Staff, (ii) the presiding Administrative Law Judge and the Office of Administrative Hearings (“OAH”); (iii) the Residential and Small Business Utilities Division of the Office of the Attorney General; and (iv) the Department of Commerce (“DOC”). Aggregate data shall be provided to all parties, subject to the limitations in paragraph 5.
3. In addition, to the extent Qwest produces information regarding a specific CLEC relating to the nature and scope of services requested or ordered by the CLEC from Qwest, the information produced by Qwest relating to that CLEC shall also be provided to that CLEC in unmasked, disaggregated form, upon request by the CLEC. The CLEC may request that such information be provided on a request-by-request basis or the CLEC may make a single request for access to all such information governed by this paragraph that was produced by Qwest relating to that CLEC. For requests pertaining to information submitted prior to the date of this Order, Qwest shall make reasonable efforts to identify and provide the CLEC-specific information requested. Qwest will produce such information to the CLEC in the same unmasked form that it was produced to the Commission, the OAG and the DOC pursuant to paragraph 2.
4. Information produced pursuant to paragraph 2 will be masked so that each CLEC is only identified by a pseudonym (i.e., “CLEC A,” “CLEC B,” etc.), unless that CLEC consents to the identification of the information, or the ALJ issues an order requiring disclosure. Qwest will send a written notice to each CLEC whose information is to be produced. A copy of this Order, the December 10, 2001 Order and the Supplemental Protective Order issued on November 27, 2001, shall accompany the notice. The notice shall indicate that the CLEC has five (5) business days from receipt of such notice to make any response or objection regarding the identification of information specific to that CLEC to Michael Lewis, at the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401-2138. The notice shall state that if the CLEC consents, or fails to object or respond within five (5) business days, Qwest will provide the CLEC-specific information in unmasked form to the entities identified in paragraph 2 of this Order. In the event that a CLEC files a timely objection to the disclosure, that objection will be considered by an Administrative Law Judge and an order issued regarding that CLEC’s information.
5. The written notice from Qwest described in paragraph 4 will inform CLECs that aggregate data is being disclosed on a wire center basis. Any objection by an individual CLEC to disclosure of aggregate data must be made in the same manner as for CLEC-specific information. No objection will be entertained for wire centers with four or more CLECs having data aggregated. No aggregate data will be disclosed by Qwest to any parties other than the governmental entities listed in paragraph 2 and to specific CLECs pursuant to paragraph 3 until the time for objections has expired and any outstanding objections have been resolved.
6. The following CLECs have given their approval for the disclosure of their CLEC-specific information unmasked and in accordance with paragraph 2 of this Order: AT&T Communications of the Midwest, Inc., TCG Minnesota, Inc., AT&T Broadband Phone of Minnesota, Inc., Covad Communications Co., Crystal Communications d/b/a Hickory Tech, Ace Telephone Association, BEVCOMM, Inc., Encore Communications, HomeTown Solutions, LLC, Hutchinson Telecommunications, Inc., Mainstreet Communications, LLC, NorthStar Access LLC, Otter Tail Telecom, LLC, Paul Bunyan Rural Telephone Cooperative, Tekstar Communications, Inc., Unitel Communications, and U.S. Link. Accordingly, disclosure of the unmasked identities of these consenting CLECs is hereby ordered. This consent for unmasked data does not preclude filing an objection to disclosure of aggregate data consistent with the procedure in paragraph 5.
7. The Minnesota Government Data Practices Act (“MGDPA”)[1] governs the maintenance and dissemination of data by Minnesota government entities. Therefore, the Minnesota governmental entities shall not disclose the information governed by this Order except as authorized by the MGDPA or other applicable law. The Office of the Attorney General and the Department of Commerce may provide the information to their respective experts retained to provide assistance on this matter, pursuant to the terms of the Supplemental Protective Order issued in all dockets of the Qwest 271 Application on November 27, 2001.
8. Documents containing CLEC-specific information that are produced pursuant to paragraph 2 of this Order will be labeled “NON-PUBLIC: HIGHLY SENSITIVE CLEC-SPECIFIC TRADE SECRET INFORMATION” and will be produced on pink paper. Documents containing CLEC-specific information that are produced pursuant to paragraph 3 of this Order will be labeled “NON-PUBLIC: HIGHLY SENSITIVE “Insert Name of CLEC”-SPECIFIC TRADE SECRET INFORMATION” and will be produced on pink paper.
Dated: June 25, 2002.
_/s/ Richard C. Luis_______________
RICHARD C. LUIS
Administrative Law Judge
I hereby certify that I am familiar with the terms and conditions of the Protective Order, Supplemental Protective Order, and the Revised Protective Order Clarifying CLEC Data Handling entered by the Commission in the above-captioned dockets and I agree to be bound by the terms and conditions thereof. I further certify that I am eligible to receive confidential information under the terms of all the above-referenced Orders.
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