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Confidential Treatment of Broadband Service Maps in Kentucky Public Service Commission Proceedings

Strategic Insights

— 1 min read

The Kentucky Public Service Commission has issued an order granting confidential treatment for broadband service maps submitted by Charter Communications in a proceeding related to Kenergy Corp.'s application for a certificate of public convenience and necessity for a high-speed fiber network. The maps, which show the locations of distribution plants and service boundaries, are considered competitively sensitive and proprietary information of Charter Communications. The Commission has exempted the maps from public disclosure pending the publication of similar data by the Federal Communications Commission.

Key Takeaways:

  • The Kentucky Public Service Commission has granted confidential treatment for broadband service maps submitted by Charter Communications in a proceeding related to Kenergy Corp.'s application.
  • The maps, which show the locations of distribution plants and service boundaries, are considered competitively sensitive and proprietary information of Charter Communications.
  • The Commission has exempted the maps from public disclosure pending the publication of similar data by the Federal Communications Commission.
  • The maps will remain confidential until the FCC publishes the information or further order from the Commission.
  • KBCA must inform the Commission if the maps become publicly available or no longer qualify for confidential treatment.
  • The Commission will not make the maps available for inspection for 30 days from the date of service of an Order finding that the maps no longer qualify for confidential treatment.

Statistics:

  • 1 exhibit of Jason Keller's testimony and 1 affiliated map have been granted confidential treatment.
  • The maps are considered generally recognized as confidential or proprietary and exempt from public disclosure under 807 KAR 5:001, Section 13, and KRS 61.878(1)(c)(1).
  • The Commission has granted the motion for confidential treatment indefinitely, pending the publication of similar data by the Federal Communications Commission.

Sources:

  • COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of: ELECTRONIC APPLICATION OF KENERGY CORP. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION OF A HIGH-SPEED FIBER NETWORK AND FOR APPROVAL OF THE LEASING OF THE NETWORK'S EXCESS CAPACITY TO AN AFFILIATE TO BE ENGAGED IN THE PROVISION OF BROADBAND SERVICE TO UNSERVED AND UNDERSERVED HOUSEHOLDS AND BUSINESSES OF THE COMMONWEALTH ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2021-00365
  • Order On January 21, 2022 ( page 1-4)
  • 807 KAR 5:001
  • KRS 61.878

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