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Annual Access Charge Tariff Filings and TRP Corrections

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Released: June 7, 2013

PUBLIC NOTICE

Federal Communications Commission
445 12th St., SW

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, DC 20554

TTY: 1-888-835-5322

DA 13-1336

Released: June 7, 2013

ANNOUNCING PROCEDURES FOR OBTAINING CONFIDENTIAL

INFORMATION FOR 2013 ANNUAL ACCESS CHARGE TARIFF FILINGS

AND CORRECTIONS TO TRP SPREADSHEETS

WC Docket No. 13-76

On June 6, 2013, we released a Public Notice that announced procedures for obtaining
confidential information for the 2013 Annual Access Charge Tariff Filings and provided some corrections
to the TRP spreadsheets.1 This Public Notice attaches a revised Protective Order and supersedes the June
6th Public Notice
.

A. Confidential Information

We expect that carriers will be requesting confidential treatment for certain data filed with the
2013 annual access charge tariff filing.2 Because we recognize that there may be a heightened interest in
reviewing the confidential data of other carriers, we note the procedure that should be followed in
requesting access to confidential information filed with a streamlined tariff.
In the Tariff Streamlining Order,3 the Commission adopted a standard protective order for
purposes of tariff review for tariffs filed pursuant to section 204(a)(3) of the Telecommunications Act.4
Carriers should use the protective order contained in the Tariff Streamlining Order for the purposes of
obtaining access to confidential information filed in this year's annual access charge tariff filing.5 Because
there will be limited time for review, we suggest that carriers complete the necessary declarations ahead of
time to expedite obtaining and reviewing confidential information. We have provided the protective order
and declarations as an Attachment to this Public Notice.

1 See Announcing Procedures for Obtaining Confidential Information for 2013 Annual Access Charge Tariff Filings
and Corrections to TRP Spreadsheets
, WC Docket No. 13-76, Public Notice, DA 13-18 (Wireline Comp. Bur. June
6, 2013) (June 6th Public Notice).
2 See generally Material to be Filed in Support of 2013 Annual Access Tariff Filings, WC Docket No. 13-76, Order,
DA 13-789 (Wireline Comp. Bur., rel. Apr. 19, 2013).
3 Implementation of Section 402(b)(1)(A) of the Telecommunications Act of 1996, CC Docket No. 96-187, Report
and Order, 12 FCC Rcd 2170 (1997) (Tariff Streamlining Order).
4 Tariff Streamlining Order, 12 FCC Rcd at 2210-16, paras. 87-95.
5 Id. at Appendix B.

B. Corrections to the TRP Spreadsheets

We also notify carriers that we have corrected an error in the Rate Ceiling CAF and Rate Ceiling
No CAF worksheets contained in the long form TRP for both the price cap and rate-of-return carriers.
The error occurred in column C of the "Max. ARC Revenue Calc" tab and on column C of the "CAF
Calc" tab and caused the Residential ARC Eligible Tariff Period Projected Lines to be based on the Total
Current Year Rate Ceiling Composite Charges instead of on the maximum of the Total Current Year Rate
Ceiling Composite Charges and the Total 2012 Year Rate Ceiling Composite Charges. These worksheets
have been corrected and are available at http://www.fcc.gov/encyclopedia/tariff-review-plans.
- FCC
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DA 13-1336

ATTACHMENT

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Material to be Filed in Support of
)
WCB/Pricing File No. 13-76
2013 Annual Access Tariff Filings
)

PROTECTIVE ORDER

This Protective Order is intended to facilitate and expedite the review of documents containing
trade secrets and commercial or financial information obtained from a person and privileged or
confidential. It reflects the manner in which "Confidential Information," as that term is defined herein, is
to be treated. The Order is not intended to constitute a resolution of the merits concerning whether any
Confidential Information would be released publicly by the Commission upon a proper request under the
Freedom of Information Act or other applicable law or regulation, including 47 C.F.R. 0.442.
1. Definitions.
a. Authorized Representative. "Authorized Representative" shall have the meaning set forth in
Paragraph seven.
b. Commission. "Commission" means the Federal Communications Commission or any arm of
the Commission acting pursuant to delegated authority.
c. Confidential Information. "Confidential Information" means (i) information submitted to the
Commission by the Submitting Party that has been so designated by the Submitting Party and
which the Submitting Party has determined in good faith constitutes trade secrets and
commercial or financial information which is privileged or confidential within the meaning of
Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4) and (ii) information
submitted to the Commission by the Submitting Party that has been so designated by the
Submitting Party and which the Submitting Party has determined in good faith falls within
the terms of Commission orders designating the items for treatment as Confidential
Information. Confidential Information includes additional copies of, notes, and information
derived from Confidential Information.
d. Declaration. "Declaration" means Attachment A to this Protective Order.
e. Reviewing Party. "Reviewing Party" means a person or entity participating in this proceeding
or considering in good faith filing a document in this proceeding.
f. Submitting Party. "Submitting Party" means a person or entity that seeks confidential
treatment of Confidential Information pursuant to this Protective Order.
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DA 13-1336
2. Claim of Confidentiality. The Submitting Party may designate information as "Confidential
Information" consistent with the definition of that term in Paragraph 1 of this Protective Order.
The Commission may, sua sponte or upon petition, pursuant to 47 C.F.R. 0.459 & 0.461,
determine that all or part of the information claimed as "Confidential Information" is not entitled
to such treatment.
3. Procedures for Claiming Information is Confidential. Confidential Information submitted to the
Commission shall be filed under seal and shall bear on the front page in bold print, "CONTAINS
PRIVILEGED AND CONFIDENTIAL INFORMATION - DO NOT RELEASE." Confidential
Information shall be segregated by the Submitting Party from all non-confidential information
submitted to the Commission. To the extent a document contains both Confidential Information
and non-confidential information, the Submitting Party shall designate the specific portions of the
document claimed to contain Confidential Information and shall, where feasible, also submit a
redacted version not containing Confidential Information.
4. Storage of Confidential Information at the Commission. The Secretary of the Commission or
other Commission staff to whom Confidential Information is submitted shall place the
Confidential Information in a non-public file. Confidential Information shall be segregated in the
files of the Commission, and shall be withheld from inspection by any person not bound by the
terms of this Protective Order, unless such Confidential Information is released from the
restrictions of this Order either through agreement of the parties, or pursuant to the order of the
Commission or a court having jurisdiction.
5. Access to Confidential Information. Confidential Information shall only be made available to
Commission staff, Commission consultants and to counsel to the Reviewing Parties, or if a
Reviewing Party has no counsel, to a person designated by the Reviewing Party. Before counsel
to a Reviewing Party or such other designated person designated by the Reviewing Party may
obtain access to Confidential Information, counsel, or such other designated person must execute
the attached Declaration. Consultants under contract to the Commission may obtain access to
Confidential Information only if they have signed, as part of their employment contract, a non-
disclosure agreement or if they execute the attached Declaration.
6. Counsel to a Reviewing Party or such other person designated pursuant to Paragraph 5 may
disclose Confidential Information to other Authorized Representatives to whom disclosure is
permitted under the terms of paragraph 7 of this Protective Order only after advising such
Authorized Representatives of the terms and obligations of the Order. In addition, before
Authorized Representatives may obtain access to Confidential Information, each Authorized
Representative must execute the attached Declaration.
7. Authorized Representatives shall be limited to:
a. Counsel for the Reviewing Parties to this proceeding including in-house counsel actively
engaged in the conduct of this proceeding and their associated attorneys, paralegals, clerical
staff and other employees, to the extent reasonably necessary to render professional services
in this proceeding;
b. Specified persons, including employees of the Reviewing Parties, requested by counsel to
furnish technical or other expert advice or service, or otherwise engaged to prepare material
for the express purpose of formulating filings in this proceeding, except that disclosure to
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DA 13-1336
persons in a position to use this information for competitive commercial or business purposes
shall be prohibited;
c. Any person designated by the Commission in the public interest, upon such terms as the
Commission may deem proper.
8. Inspection of Confidential Information. Confidential Information shall be maintained by a
Submitting Party for inspection at two or more locations, at least one of which shall be in
Washington, D.C. Inspection shall be carried out by Authorized Representatives upon reasonable
notice not to exceed one business day during normal business hours.
9. Copies of Confidential Information. The Submitting Party shall provide a copy of the
Confidential Material to Authorized Representatives upon request and may charge a reasonable
copying fee not to exceed twenty five cents per page. Authorized Representatives may make
additional copies of Confidential Information but only to the extent required and solely for the
preparation and use in this proceeding, Authorized Representatives must maintain a written
record of any additional copies made and provide this record to the Submitting Party upon
reasonable request. The original copy and all other copies of the Confidential Information shall
remain in the care and control of Authorized Representatives at all times. Authorized
Representatives having custody of any Confidential Information shall keep the documents
properly secured at all times.
10. Filing of Declaration. Counsel for Reviewing Parties shall provide to the Submitting Party and
the Commission a copy of the attached Declaration for each Authorized Representative within
five (5) business days after the attached Declaration is executed, or by any other deadline that
may be prescribed by the Commission.
11. Use of Confidential Information. Confidential Information shall not be used by any person
granted access under this Protective Order for any purpose other than for use in this proceeding
(including any subsequent administrative or judicial review), shall not be used for competitive
business purposes, and shall not be used or disclosed except in accordance with this Order. This
shall not preclude the use of any material or information that is in the public domain or has been
developed independently by any other person who has not had access to the Confidential
Information nor otherwise learned of its contents.
12. Pleadings Using Confidential Information. Submitting Parties and Reviewing Parties may, in any
pleadings that they file in this proceeding, reference the Confidential Information, but only if they
comply with the following procedures:
a. Any portions of the pleadings that contain or disclose Confidential Information must be
physically segregated from the remainder of the pleadings and filed under seal;
b. The portions containing or disclosing Confidential Information must be covered by a separate
letter referencing this Protective Order;
c. Each page of any Party's filing that contains or discloses Confidential Information subject to
this Order must be clearly marked: "Confidential Information included pursuant to Protective
Order, [cite proceeding];" and
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DA 13-1336
d. The confidential portion(s) of the pleading, to the extent they are required to be served, shall
be served upon the Secretary of the Commission, the Submitting Party, and those Reviewing
Parties that have signed the attached Declaration. Such confidential portions shall be served
under seal, and shall not be placed in the Commission's Public File unless the Commission
directs otherwise (with notice to the Submitting Party and an opportunity to comment on such
proposed disclosure). A Submitting Party or a Reviewing Party filing a pleading containing
Confidential Information shall also file a redacted copy of the pleading containing no
Confidential Information, which copy shall be placed in the Commission's public files. A
Submitting Party or a Reviewing Party may provide courtesy copies of pleadings containing
Confidential Information to Commission staff so long as the notation required by subsection
c. of this paragraph is not removed.
13. Violations of Protective Order. Should a Reviewing Party that has properly obtained access to
Confidential Information under this Protective Order violate any of its terms, it shall immediately
convey that fact to the Commission and to the Submitting Party. Further, should such violation
consist of improper disclosure or use of Confidential Information, the violating party shall take all
necessary steps to remedy the improper disclosure or use. The Violating Party shall also
immediately notify the Commission and the Submitting Party, in writing, of the identity of each
party known or reasonably suspected to have obtained the Confidential Information through any
such disclosure. The Commission retains its full authority to fashion appropriate sanctions for
violations of this Protective Order, including but not limited to suspension or disbarment of
attorneys from practice before the Commission, forfeitures, cease and desist orders, and denial of
further access to Confidential Information in this or any other Commission proceeding. Nothing
in this Protective Order shall limit any other rights and remedies available to the Submitting Party
at law or equity against any party using Confidential Information in a manner not authorized by
this Protective Order.
14. Termination of Proceeding. Within two weeks after final resolution of this proceeding (which
includes any administrative or judicial appeals), Authorized Representatives of Reviewing Parties
shall destroy or return to the Submitting Party all Confidential Information as well as all copies
and derivative materials made, and shall certify in a writing served on the Commission and the
Submitting Party that no material whatsoever derived from such Confidential Information has
been retained by any person having access thereto, except that counsel to a Reviewing Party may
retain two copies of pleadings submitted on behalf of the Reviewing Party. Any confidential
information contained in any copies of pleadings retained by counsel to a Reviewing Party or in
materials that have been destroyed pursuant to this paragraph shall be protected from disclosure
or use indefinitely in accordance with paragraphs 9 and 11 of this Protective Order unless such
Confidential Information is released from the restrictions of this Order either through agreement
of the parties, or pursuant to the order of the Commission or a court having jurisdiction.
15. No Waiver of Confidentiality. Disclosure of Confidential Information as provided herein shall
not be deemed a waiver by the Submitting Party of any privilege or entitlement to confidential
treatment of such Confidential Information. Reviewing Parties, by viewing these materials: (a)
agree not to assert any such waiver; (b) agree not to use information derived from any
confidential materials to seek disclosure in any other proceeding; and (c) agree that accidental
disclosure of Confidential Information shall not be deemed a waiver of the privilege.
16. Additional Rights Preserved. The entry of this Protective Order is without prejudice to the rights
of the Submitting Party to apply for additional or different protection where it is deemed
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DA 13-1336
necessary or to the rights of Reviewing Parties to request further or renewed disclosure of
Confidential Information.
17. Effect of Protective Order. This Protective Order constitutes an Order of the Commission and an
agreement between the Reviewing Party, executing the attached Declaration, and the Submitting
Party.
18. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the
Communications Act as amended, 47 U.S.C. 154(i), (j), and 47 C.F.R. 0.457(d).
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DA 13-1336

Attachment A to Standard Protective Order

DECLARATION

In the Matter of
)
)
Material to be Filed in Support of
)
WCB/Pricing File No. 13-76
2013 Annual Access Tariff Filings
)
I, ____________________, hereby declare under penalty of perjury that I have read the Protective Order
that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms
pertaining to the treatment of Confidential Information submitted by parties to this proceeding. I
understand that the Confidential Information shall not be disclosed to anyone except in accordance with
the terms of the Protective Order and shall be used only for purposes of the proceedings in this matter. I
acknowledge that a violation of the Protective Order is a violation of an order of the Federal
Communications Commission. I acknowledge that this Protective Order is also a binding agreement with
the Submitting Party.
(signed) ____________________
(printed name) ____________________
(representing) ____________________
(title) ____________________
(employer) ____________________
(address) ____________________
(phone) ____________________
(date) ____________________
8

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