******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) U S WEST Corporation ) ) ASD No. 98-87 Request For Confidential Treatment ) of Section 274(f) Form 10-K Equivalent ) ) ORDER Adopted: October 16, 1998 Released: October 16, 1998 By the Chief, Accounting Safeguards Division 1. On April 2, 1998, U S WEST, Inc. ("U S West"), on behalf of its separated affiliate U S WEST Dex, Inc., filed with the Commission certain information required under section 274(f) of the Communications Act, as amended ("the Act"). Pursuant to 5 U.S.C. Section 552(b)(4) of the Freedom of Information Act ("FOIA"), and sections 0.457(d) and 0.459 of the Commission's rules, U S West requests confidential treatment of this information. For the reasons explained herein, we deny U S West's request. 2. Section 274(f) requires any separated affiliate of Bell Operating Companies ("BOCs") engaged in electronic publishing activities, as defined by the Act, to "file with the Commission annual reports in a form substantially equivalent to the Form 10-K required by regulations of the Securities and Exchange Commission." In the Accounting Safeguards Order, the Commission interpreted section 274(f) to mean that all BOC electronic publishing separated affiliates must file annual reports containing "the same information in the same format" as the Form 10-K required by the regulations of the Securities and Exchange Commission ("SEC"). Under SEC requirements, the Form 10-K must contain a description of the company filing the report and its operations, financial statements with supporting financial data, and certain legal and financial disclosures concerning the company. The SEC Form 10-K is a publicly available document. 3. U S West presented no support for its request for confidential treatment of its 10-K Equivalent filing. The Commission's rules require that each request for confidential treatment "contain a statement of the reasons for withholding the materials from public inspection and of the facts upon which those reasons are based." For mandatory filings, the petitioner bears the burden of showing the likelihood of substantial competitive injury if disclosure is made. Because U S West presented no arguments in support of its request for confidential treatment, we conclude that U S West failed to substantiate its request as required by the Commission's rules. The Commission's rules clearly state that casual requests will not be entertained. We therefore reject U S West's request for confidential treatment of its 10-K Equivalent filing. 4. Pursuant to the Commission's rules, the data in U S West's Form 10-K Equivalent will not be released until the company has exhausted its appeal rights under Section 0.459(g). U S West may file an application for review within 5 working days of this Order. If U S West does not seek review, the data will be placed in the public file. 5. Accordingly IT IS ORDERED, pursuant to the authority that is contained in Section 0.459 of the Commission's rules, 47 C.F.R.  0.459 that U S West's Request for Confidential Treatment is DENIED. FEDERAL COMMUNICATIONS COMMISSION Kenneth P. Moran Chief, Accounting Safeguards Division Common Carrier Bureau