******************************************************** 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 ) ) IB Docket No. 96-261 International Settlement Rates ) ORDER GRANTING MOTION FOR CONFIDENTIAL TREATMENT Adopted: July 23, 1997 Released: July 23, 1997 By the Chief, International Bureau: 1.AT&T Corp. ("AT&T") has filed a motion for the confidential treatment of documents that AT&T has filed under seal for inclusion in the record of the above-captioned proceeding. We grant AT&T's motion, finding that it will serve the public interest by facilitating full development of the record in this proceeding while safeguarding the proprietary and confidential information of AT&T. 2.In the International Settlement Rates Benchmarks Notice ("Notice"), the Commission proposed to calculate benchmarks for international settlement rates based in part on foreign carriers' tariffed rates. As part of the benchmarks calculations, the International Bureau distributed international calls from the United States among service classifications, time periods, and the destination of the calls. We determined the distribution of minutes for each country in part from information collected on AT&T customers' calls during a three month period that began on January 6, 1996. In its comments, ABS-CBN requested that we put this call distribution data on the record. The documents AT&T has filed under seal contain such call distribution data. AT&T states that this data "is competitively sensitive, not publicly disclosed in AT&T's normal course of business, and exempt from disclosure under Sections 0.457 and 0.459 of the Commission's rules." AT&T asserts that unauthorized disclosure could lead to substantial competitive harm to AT&T. 3.Although we believe that U.S. international carriers would likely have call distribution data on their U.S.-originated traffic and foreign carriers receiving settlement payments would likely have the call distribution data on the U.S.-originated traffic that they terminate, we nonetheless want to ensure that all parties have a full opportunity for notice and comment on our proposed benchmark settlement rates. We therefore find that adoption of AT&T's motion will serve the public interest by facilitating full development of the record in this proceeding while protecting the proprietary and confidential information of AT&T. We recognize that AT&T's call distribution data could provide competitors with competitively- sensitive market and cost structure information about AT&T's operations. In order to ensure that the data contained in AT&T's documents are not used for any purpose other than to assist parties in commenting fully on the proposals the Commission made in the Notice, we will allow AT&T to make the proprietary and confidential call distribution data available pursuant to the Confidentiality Agreement attached to its motion, the terms and conditions of which we find reasonable. Parties of record wishing to examine this data may do so at the premises of AT&T, 10th Floor, North Tower, 1120 20th Street, NW, Washington, DC, 20036, Monday through Friday, between the hours of 9 a.m. and 5 p.m. 4.Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  4(i), and Sections 0.51, 0.261, 0.457 and 0.459 of the Commission's rules, 47 C.F.R.  0.51, 0.261, 0.457, 0.459, that AT&T's motion for confidential treatment IS GRANTED. Nothing in this Order, or AT&T's Confidentiality Agreement, shall restrict the Commission's authority to use information or materials obtained in the course of this proceeding. 5.IT IS FURTHER ORDERED that this Order shall be effective upon adoption. FEDERAL COMMUNICATIONS COMMISSION Peter F. Cowhey Chief, International Bureau