Some of the annual report information is confidential for competitive reasons, said attorneys for some telecom companies. They urged the commission to be consistent with Federal Communications Commission rules that allow companies to designate confidential information that could be released to commission staff but not the public.
Larry Lago, an analyst for the commission's public utility division, testified in July 2011 that his research showed nobody from the general public had made requests under the Open Records Act for information from telecom annual reports.
The commission's current general counsel has not weighed in on the case.
In testimony filed in the case in November, the commission's current director of its public utility division, Brandy Wreath, said annual reporting requirements for telecom companies changed in 2012. He said there was no longer any need to ask for guidance because the rules now allow for all nonpublic information in annual reports to remain confidential.
Wreath said there was adequate notice and opportunity for public comment on the changes to the information contained in annual reports when the commission approved the rule change last year. He asked for commissioners to dismiss the case.