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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
Qwest Communications             )
International, Inc.              )    EB File No. EB-03-IH-0500


                              ORDER

   Adopted:  November 3, 2003           Released:  November 4, 
2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Order we deny Qwest Communications 
International, Inc.'s (``Qwest's'') request for confidential 
treatment of material that it submitted in response to a letter 
of inquiry (``LOI'') by the Enforcement Bureau.1  As explained 
below, Qwest has failed to satisfy the Commission rules for 
nondisclosure.  Specifically, Qwest has not provided a statement 
of the reasons for withholding the materials in question, as 
required by section 0.459 of the Commission's rules.  

                          II.  BACKGROUND

     2.   On June 26, 2003, the Investigations and Hearings 
Division of the Enforcement Bureau sent Qwest an LOI, seeking 
certain documents pertaining to Qwest's filing of interconnection 
agreements in Minnesota and Arizona.2  Qwest submitted responses 
to the LOI on July 31, 2003.3  Qwest's response included a 
Confidentiality Request, in which Qwest requested confidential 
treatment of certain materials that Qwest described as including:  
``declarations, charts, internal documents, correspondence, and 
nonpublic versions of pleadings.''4  Qwest claims that the 
``materials merit confidential treatment because they address 
strategically sensitive matters, including commercial, financial, 
and trade secret information,'' and that their disclosure ``could 
result in substantial competitive harm to Qwest.''5


          III.                                 DISCUSSION

     3.   Section 0.459 of the Commission's rules establishes a 
procedure by which parties may request that information or 
materials that they have submitted to the Commission not be 
routinely available for public inspection.6  This rule requires 
that a party seeking confidentiality provide a statement of the 
reasons for withholding the materials in question from public 
inspection and set forth the specific categories of materials for 
which such treatment is appropriate.7  

     4.   Qwest has failed to provide the statement of reasons 
for withholding the materials it claims should be treated as 
confidential, as required by section 0.459(b).  For example, 
Qwest does not identify the specific information for which 
confidential treatment is sought, as required in section 
0.459(b)(1).  Instead, Qwest seeks confidential treatment for all 
materials labeled confidential, which include a broad array of 
documents such as those submitted in response to the LOI, the 
written response to the LOI, and Qwest's Confidentiality Request 
itself.  Qwest also fails to explain the degree to which the 
information is commercial or financial or contains a trade secret 
or is privileged, as required by section 0.459(b)(3).  Further, 
Qwest fails to explain how the disclosure would result in 
competitive harm, as required by section 0.459(b)(5).  Instead, 
Qwest merely concludes that the disclosure of such materials 
could result in substantial competitive harm.8  In view of the 
foregoing, we find that this request fails to comply with the 
standards set forth in section 0.459(b), and therefore deny the 
request.  

     5.   Quite apart from our conclusion that Qwest's 
Confidentiality Request fails to comply with section 0.459(b) of 
the Commission's rules, the overbreadth of that request provides 
an additional basis for denying it.  For example, Qwest claims 
confidentiality for documents that clearly do not contain 
commercial, financial, or trade secret information, such as 
Qwest's response to the LOI, including the Confidentiality 
Request. 9  In fact, most of the submitted information is 
public.10  In addition, documents marked ``confidential'' in the 
three boxes submitted by Qwest, such as the minutes of the Qwest 
Wholesale Agreement Review Committee and memos regarding filing 
interconnection agreements, contain no commercial, financial, or 
trade secret information.11  

     6.   We conclude that Qwest has failed to demonstrate by a 
preponderance of the evidence that its response to the LOI and 
other designated materials satisfy the requirements for 
nondisclosure set forth in section 0.459 of the Commission's 
rules.  We therefore deny Qwest's July 31, 2003 confidentiality 
request.

                       IV.  ORDERING CLAUSES

     7.   According, IT IS ORDERED, pursuant to section 0.459(c) 
and 0.459(d)(2) of the Commission's rules, 47 C.F.R. §§ 0.459(c) 
and 0.459(d), that the Confidentiality Request filed on July 31, 
2003 by Qwest Communications International, Inc. is hereby 
DENIED.

     8.   IT IS FURTHER ORDERED, pursuant to section 0.459(g) of 
the Commission's rules, 47 C.F.R.§ 0.459(g), that Qwest 
Communications International, Inc. may file an application for 
review of this denial with the Commission within five (5) working 
days of this Order.

     9.   IT IS FURTHER ORDERED that a copy of this Order shall 
be sent to [fill in Qwest's address].



                              FEDERAL COMMUNICATIONS COMMISSION



                              David H. Solomon                                                                                                          
                              Chief, Enforcement Bureau

_________________________

1    See Letter from Peter A. Rohrback and Ghita J. Harris-
Newton, Hogan and Hartson, to Mika Savir, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications 
Commission, dated July 31, 2003 (``Confidentiality Request'').
2 See Letter from William H. Davenport, Deputy Division Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, to Sharon J. Devine, Qwest 
Communications International, Inc., dated June 26, 2003.
3 See Letter from Sharon J. Devine, Qwest Communications 
International, Inc. to William H. Davenport, Deputy Division 
Chief, Investigations and Hearings Division, Enforcement Bureau, 
Federal Communications Commission dated July 31, 2003.  In 
addition to this letter and the Confidentiality Request, the LOI 
response contained a memo, declarations, a privilege log listing 
numerous documents that were withheld based on attorney-client 
privilege, and three boxes of documents.
4    See Confidentiality Request at 1.
5    Id.
6    47 C.F.R. § 0.459.
7    47 C.F.R. §  0.459(b).  Section 0.457 sets forth the 
categories of records that are not routinely available for public 
inspection, i.e., accorded confidential treatment, and Section 
0.459 sets forth the procedures for submitting requests that 
material or information be withheld from public inspection.  For 
instance, Section 0.459(b)(3) provides that a request for 
confidentiality shall, among other things, include an 
"explanation of the degree to which the information is commercial 
or financial, or contains a trade secret or is privileged." 47 
C.F.R. §  0.459(b)(3).
8    See National Exchange Carrier Association, Inc., Memorandum 
Opinion and Order, 5 FCC Rcd 7184, 7184, ¶ 3 (1990) (quoting 
National Parks and Conservation Association v. Kleppe, 547 F.2d 
673, 680 (D.C.Cir. 1976).
9    Moreover, the Confidentiality Request itself does not even 
fit the description of the materials listed in the 
Confidentiality Request, i.e., ``declarations, charts, internal 
documents, correspondence, and nonpublic versions of pleadings.''
10   For example, the written response to the LOI includes 
several lists of interconnection agreements, which have been 
filed and are in the public record and a discussion of the Qwest 
Wholesale Agreement Review Committee's role, which has been 
discussed by Qwest in several public documents.  See, e.g., 
Letter from Melissa E. Newman, Vice President - Federal 
Regulatory, Qwest, to Marlene H. Dortch, Secretary, Federal 
Communications Commission, filed August 20, 2002 in WC Dockets 
02-148 and 02-189 at 2.
11   See Documents Q-CONF-003506, 000909, 004082, 002147, 002148, 
002149, 002124.