New York State Public Service Commission Grants Trade Secret Status to CAF-ICC Data Filings

Strategic Insights -

The New York State Public Service Commission has issued a regulatory document granting trade secret status to confidential copies of the Connect America Fund Intercarrier Compensation (CAF-ICC) data submissions made by major rate of return carriers. This move aims to protect sensitive and proprietary information that could cause substantial injury to the competitive position of the subject enterprises. The Commission has cited sections of the New York State Public Officers Law and its own Rules of Procedure to justify the decision, emphasizing the potential for unfair economic or competitive damage if the information is released publicly.

Key Takeaways:

  • The New York State Public Service Commission has granted trade secret status to confidential copies of the CAF-ICC data submissions made by major rate of return carriers.
  • The decision is based on sections 6-1.3 of the Commission's Rules of Procedure and section 87(2)(d) of the Public Officers Law.
  • The Commission has stated that disclosure of the information would cause substantial injury to the competitive position of the subject enterprise and could result in unfair economic or competitive damage.
  • The companies involved have submitted the information in accordance with FCC Rule 47 CFR §54.304(d)(1).
  • The rates of return carriers involved include those listed on Attachment A.
  • Latitude Telcom Consultants, LLC, represents the companies in this matter.
  • The decision aims to prevent the release of sensitive and proprietary information that could give competitors an unfair advantage.

Statistics:

  • The CAF-ICC data submissions are considered trade secret information and confidential commercial information.
  • The release of this information could cause substantial injury to the competitive position of the subject enterprise.
  • The Commission has cited sections 6-1.3 and 87(2)(d) of the Public Officers Law as justification for the decision.
  • The rates of return carriers involved are listed on Attachment A; however, the exact number of companies is not specified.

Sources:

  • New York State Public Service Commission, Re: Request For Trade Secret Proprietary Status for the CAF-ICC Data Filing, (06/10/2025).