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Comcast-Time Warner Cable Joint Protective Order

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Released: April 4, 2014

Federal Communications Commission

DA 14-463

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Applications of
) MB Docket No. 14-57
)
Comcast Corp. and
)
Time Warner Cable Inc.
)
)

For Consent To Assign or Transfer Control of
)
Licenses and Authorizations
)

JOINT PROTECTIVE ORDER

Adopted: April 4, 2014

Released: April 4, 2014

By the Chief, Media Bureau:
1.
In this Joint Protective Order, we adopt procedures to (i) limit access to proprietary or
confidential information that may be filed in this proceeding, and (ii) more strictly limit access to certain
particularly competitively sensitive information, which, if released to competitors or those with whom the
Submitting Party does business, would allow those persons to gain a significant competitive advantage or
an advantage in negotiations. We anticipate that such information will be necessary to develop a more
complete record on which to base the Commission’s decision. While we are mindful of the sensitive
nature of such information, we are also mindful of the right of the public to participate in this proceeding
in a meaningful way. Consistent with past practice, therefore, we will make such information available to
participants in this proceeding pursuant to a protective order and, in the case of Highly Confidential
Information, we will limit such access to their Outside Counsel of Record and Outside Consultants who
are retained to assist them in this proceeding, and employees of such Outside Counsel and Outside
Consultants. We conclude that the procedures we adopt in this Joint Protective Order give appropriate
access to the public while protecting competitively sensitive information from improper disclosure, and
that the procedures thereby serve the public interest.
2.
Definitions. As used herein, capitalized terms not otherwise defined in this Joint
Protective Order shall have the following meanings:
“Acknowledgment” means the Acknowledgment of Confidentiality attached as Appendix B
hereto.
“Competitive Decision-Making” means a person’s activities, association, or relationship with any
of his clients involving advice about or participation in the relevant business decisions or the analysis
underlying the relevant business decisions of the client in competition with or in a business relationship
with the Submitting Party.
“Confidential Information” means information that is not otherwise available from publicly
available sources and that is subject to protection under the Freedom of Information Act (“FOIA”), 5
U.S.C. § 552, and the Commission’s implementing rules.
“Counsel” means In-House Counsel and Outside Counsel of Record.

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DA 14-463

“Document” means any written, recorded, electronically stored, or graphic material, whether
produced or created by the Submitting Party or another person.
“Highly Confidential Information” means information that is not otherwise available from
publicly available sources; that the Submitting Party has kept strictly confidential; that is subject to
protection under FOIA and the Commission’s implementing rules; that the Submitting Party claims
constitutes some of its most sensitive business data which, if released to competitors or those with whom
the Submitting Party does business, would allow those persons to gain a significant advantage in the
marketplace or in negotiations; and that it is described in Appendix A to this Joint Protective Order, as the
same may be amended from time to time.
“In-House Counsel” means an attorney employed by a Participant in this proceeding or employed
by an affiliated entity and who is actively engaged in the conduct of this proceeding, provided that such
attorney is not involved in Competitive Decision-Making. (In this regard, an In-House Counsel’s
employer is considered his or her client.)
“Outside Counsel of Record” or “Outside Counsel” means the attorney(s), firm(s) of attorneys, or
sole practitioner(s), as the case may be, retained by a Participant in this proceeding, provided that such
attorneys are not involved in Competitive Decision-Making. The term “Outside Counsel of Record”
includes any attorney representing a non-commercial Participant in this proceeding, provided that such
attorney is not involved in Competitive Decision-Making.
“Outside Consultant” means a consultant or expert retained for the purpose of assisting Outside
Counsel or a Participant in this proceeding, provided that such consultant or expert is not involved in
Competitive Decision-Making. The term “Outside Consultant” includes any consultant or expert
employed by a non-commercial Participant in this proceeding, provided that such consultant or expert is
not involved in Competitive Decision-Making.
“Outside Firm” means a firm, whether organized as a partnership, limited partnership, limited
liability partnership, limited liability company, corporation or otherwise, of Outside Counsel or Outside
Consultants.
“Participant” means a person or entity that has filed, or has a good faith intention to file, an
application, petition to deny or material comments in this proceeding.
“Redacted Confidential Document” means a copy of a Stamped Confidential Document where
the Confidential Information has been redacted.
“Redacted Highly Confidential Document” means a copy of a Stamped Highly Confidential
Document where the Highly Confidential Information has been redacted.
“Reviewing Party” means a person who has obtained access to Confidential Information
(including Stamped Confidential Documents) or Highly Confidential Information (including Stamped
Highly Confidential Documents) pursuant to paragraphs 7 or 11 of this Joint Protective Order.
“Stamped Confidential Document” means any document, or any part thereof, that contains
Confidential Information and that bears the legend (or which otherwise shall have had the legend
recorded upon it in a way that brings its attention to a reasonable examiner) “CONFIDENTIAL
INFORMATION – SUBJECT TO JOINT PROTECTIVE ORDER IN MB DOCKET NO. 14-57
BEFORE THE FEDERAL COMMUNICATIONS COMMISSION,” unless the Commission determines,
sua sponte or by request pursuant to paragraph 4 of this Joint Protective Order or sections 0.459 or 0.461
of its rules,1 that any such document is not entitled to confidential treatment. By designating a document
a “Stamped Confidential Document,” a Submitting Party signifies and represents that it contains
Confidential Information.

1 47 C.F.R. §§ 0.459, 0.461.
2

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“Stamped Highly Confidential Document” means any document, or any part thereof, that contains
Highly Confidential Information and that bears the legend (or which otherwise shall have had the legend
recorded upon it in a way that brings its attention to a reasonable examiner) “HIGHLY CONFIDENTIAL
INFORMATION – SUBJECT TO JOINT PROTECTIVE ORDER IN MB DOCKET NO. 14-57
BEFORE THE FEDERAL COMMUNICATIONS COMMISSION,” unless the Commission determines,
sua sponte or by request pursuant to paragraph 4 of this Joint Protective Order or sections 0.459 or 0.461
of its rules, that any such document is not entitled to highly confidential treatment. By designating a
document a “Stamped Highly Confidential Document,” a Submitting Party signifies and represents that it
contains Highly Confidential Information.
“Submitting Party” means a person or entity who submits a Stamped Confidential Document or a
Stamped Highly Confidential Document.
3.
Designation of Information as Highly Confidential. A Submitting Party may designate as
Highly Confidential only those types of information described in Appendix A. If a Submitting Party
believes that the descriptions contained in Appendix A should be revised, the Submitting Party shall
submit a request to amend Appendix A along with a supporting explanation. To the extent the request is
granted, an amended Appendix A will be issued. In addition, before a Submitting Party may designate
particular documents or information as Highly Confidential, it must receive the written approval of the
Commission staff, which, based on the Submitting Party’s representations, will make a preliminary
determination whether the proposed designation meets the requirements set forth in this Joint Protective
Order.
4.
Effect of Designation. By designating documents and information as Confidential or
Highly Confidential under this Joint Protective Order, a Submitting Party will be deemed to have
submitted a request that the material not be made routinely available for public inspection under the
Commission’s rules.2 Any person wishing to challenge the designation of a document, portion of a
document or information as Confidential or Highly Confidential must file such a challenge at the
Commission and serve it on the Submitting Party. The Submitting Party must file any reply within five
business days, and include a justification for treating the information as Confidential or Highly
Confidential, as appropriate.3 The documents and information challenged will continue to be accorded
confidential treatment until the Commission acts on the request and all subsequent appeal and stay
proceedings have been exhausted.4 Any decision on whether the materials should be accorded
confidential treatment does not constitute a resolution of the merits concerning whether such information
would be released publicly by the Commission upon an appropriate request under our rules implementing
FOIA.5
5.
Submission of Stamped Confidential Documents and Stamped Highly Confidential
Documents. A Submitting Party shall submit to the Secretary’s Office one copy of each Stamped
Confidential Document and each Stamped Highly Confidential Document it seeks to file and an
accompanying cover letter. Each page of the Stamped Confidential Document or Stamped Highly
Confidential Document shall be stamped “CONFIDENTIAL INFORMATION – SUBJECT TO JOINT
PROTECTIVE ORDER IN MB DOCKET NO. 14-57 BEFORE THE FEDERAL COMMUNICATIONS
COMMISSION” or “HIGHLY CONFIDENTIAL INFORMATION – SUBJECT TO JOINT
PROTECTIVE ORDER IN MB DOCKET NO. 14-57 BEFORE THE FEDERAL COMMUNICATIONS
COMMISSION”, as appropriate. The cover letter also shall contain this legend. In addition, with respect

2 See 47 C.F.R. §§ 0.459(a), 0.459(a)(3).
3 See 47 C.F.R. § 0.459(b).
4 See 47 C.F.R. § 0.459(g).
5 See 47 C.F.R. §§ 0.459(h), 0.461.
3

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DA 14-463

to each Stamped Confidential Document and each Stamped Highly Confidential Document submitted, the
Submitting Party shall also file through the Commission’s Electronic Comment Filing System (“ECFS”) a
copy of the respective Redacted Confidential Document or Redacted Highly Confidential Document and
an accompanying cover letter.6 Each Redacted Confidential Document or Redacted Highly Confidential
Document shall have the same pagination as the Stamped Confidential Document or Stamped Highly
Confidential Document from which it is derived. Each page of the Redacted Confidential Document or
Redacted Highly Confidential Document and the accompanying cover letter shall be stamped
“REDACTED – FOR PUBLIC INSPECTION.” To the extent that any page of the filing contains both
Confidential Information or Highly Confidential Information and non-confidential information, only the
Confidential Information and Highly Confidential Information may be redacted and the page of the
unredacted filing shall clearly distinguish among the Confidential Information, the Highly Confidential
Information and the non-confidential information. In addition, two copies of each Stamped Confidential
Document and Stamped Highly Confidential Document and the accompanying cover letter shall be
delivered, as directed by Commission staff, to Vanessa Lemmé, Vanessa.Lemme@fcc.gov, (202) 418-
2611, Industry Analysis Division, Media Bureau, Federal Communications Commission, 445 12th Street,
S.W., Room 2-C313, Washington, D.C. 20554.
6.
Copying Sensitive Documents. If, in the reasonable judgment of the Submitting Party, a
Stamped Highly Confidential Document contains information so sensitive that copying of it should be
restricted, the Submitting Party may mark the document with the legend “Additional Copying Restricted.”
Subject to the provisions for access to information in electronic format in paragraph 9, each Outside Firm
shall receive only one copy of the document and no more than two additional copies, in any form, shall be
made. Application for relief from this restriction against further copying may be made to the
Commission, with notice to Counsel of Record for the Submitting Party, which will be granted only for
cause.
7.
Procedure for Obtaining Access to Confidential Information and Highly Confidential
Information. Access to Highly Confidential Information (including Stamped Highly Confidential
Documents) is limited to Outside Counsel of Record, Outside Consultants, and those employees of
Outside Counsel and Outside Consultants described in paragraph 11. Any person seeking access to
Confidential Information or Highly Confidential Information subject to this Joint Protective Order shall
sign and date the Acknowledgment agreeing to be bound by the terms and conditions of this Joint
Protective Order, and file the Acknowledgment with the Bureau. Where the person seeking access is
Counsel or an Outside Consultant, a copy of the Acknowledgment shall be served upon the relevant
Submitting Party through its Counsel of Record so that it is received at least five business days prior to
such person’s reviewing or having access to the Submitting Party’s Confidential Information or Highly
Confidential Information; where the person seeking access is one described in either clause 1 or 2 of
paragraph 11, the Acknowledgment shall be served upon the Submitting Party promptly prior to the
person’s obtaining access. Where there are multiple Submitting Parties, a copy of the Acknowledgment
must be served on each Submitting Party within the time periods stated above. Each Submitting Party
shall have an opportunity to object to the disclosure of its Confidential Information or Highly
Confidential Information to any such person. A Submitting Party must file any such objection at the
Commission and serve it on Counsel for the person seeking access within three business days after
receiving a copy of that person’s Acknowledgment (or where the person seeking access is one described
in clause 1 or 2 of paragraph 11, file and serve such objection as promptly as practicable after receipt of
the Acknowledgment). Except for persons described in paragraph 11, persons filing Acknowledgments
shall not have access to Confidential Information or Highly Confidential Information before the period for
filing objections has passed, unless the Submitting Party waives this requirement; persons described in

6 If a party is not able to submit a copy of the Redacted Confidential Document or Redacted Highly Confidential
Document via ECFS, it must file two copies of the Redacted Confidential Document or Redacted Highly
Confidential Document with the Secretary’s Office along with the appropriately stamped cover letter.
4

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paragraph 11, shall have access to Confidential Information and Highly Confidential Information upon
the filing of their Acknowledgment, except that such access shall be prohibited if an objection is filed. If
a Submitting Party files additional documents containing Confidential Information or Highly Confidential
Information, it must file any objection to the disclosure of that additional Confidential Information or
Highly Confidential Information to any Reviewing Party before or contemporaneous with the filing.
Until any objection is resolved by the Commission and, if appropriate, by any court of competent
jurisdiction, and unless such objection is resolved in favor of the person seeking access, a person subject
to an objection from a Submitting Party shall not have access to the relevant Confidential Information or
Highly Confidential Information.
8.
Review of Stamped Confidential Documents and Stamped Highly Confidential
Documents. A Submitting Party shall make available for review the Stamped Confidential Documents
and Stamped Highly Confidential Documents of such party at the offices of the party’s Outside Counsel
of Record. Subject to the terms of paragraph 5, a Reviewing Party shall be provided the following
alternatives: (1) a Reviewing Party shall be provided adequate opportunity to inspect the documents on
site; (2) a Reviewing Party may inspect the documents on site with the ability to request copies, at cost, of
some or all of the documents; or (3) a Reviewing Party may request a complete set of the documents at
cost, allowing two business days after the request is made for receipt of the copies. If a Reviewing Party
plans on requesting a complete set of documents, it is encouraged to make such a request at the time it
submits the Acknowledgment to allow it the opportunity to begin reviewing the documents at the end of
the five-day period referred to in paragraph 7. All copies of documents that are removed from the
Submitting Party’s office must be returned or destroyed in accordance with the terms of paragraph 20.
9.
Review of Highly Confidential Information in Electronic Format. A Submitting Party
shall make available to a Reviewing Party one copy of Highly Confidential Information contained,
recorded, or electronically stored on a CD-ROM, DVD, flash drive, portable hard drive or similar
electronic storage device, which shall be considered a Stamped Highly Confidential Document. The
medium containing the information in electronic format should be physically delivered to the Reviewing
Party; a Reviewing Party may not require that it be transmitted electronically. A Reviewing Party may
temporarily load onto a computer the information in electronic format. Once loaded onto a computer, any
files containing Highly Confidential Information shall be password protected immediately. The Highly
Confidential Information may be stored on a computer for the duration of the proceeding. All files
containing Highly Confidential Information shall be deleted from the computer no later than proceedings
at the Commission are complete. The original disk or other storage medium shall be stored securely and a
record kept of any persons given access to it.
10.
Use of Confidential and Highly Confidential Information. Persons obtaining access to
Confidential and Highly Confidential Information under this Joint Protective Order shall use the
information solely for the preparation and conduct of this proceeding before the Commission and any
subsequent judicial proceeding arising directly from this proceeding and, except as provided herein, shall
not use such documents or information for any other purpose, including without limitation business,
governmental, or commercial purposes, or in any other administrative, regulatory or judicial proceedings.
Should the Commission rely upon or otherwise make reference to any Confidential or Highly
Confidential Information in its orders in this proceeding, it will do so by redacting any Confidential or
Highly Confidential Information from the public version of the order and by making the unredacted
version of the order available only to a court and to those persons entitled to access to Confidential or
Highly Confidential Information under this Joint Protective Order, as appropriate.
11.
Permissible Disclosure. A Reviewing Party may discuss and share the contents of
Confidential Information and Highly Confidential Information with another Reviewing Party, as
appropriate, and with the Commission and its staff. A Submitting Party’s Confidential Information and
Highly Confidential Information may also be disclosed to employees and Counsel of the Submitting
Party. Subject to the requirements of paragraph 7, a Reviewing Party may disclose Confidential
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Information and Highly Confidential Information to: (1) paralegals or other employees of such
Reviewing Party assisting them in this proceeding; and (2) employees of third-party contractors involved
solely in one or more aspects of organizing, filing, coding, converting, storing, or retrieving documents or
data or designing programs for handling data connected with this proceeding, or performing other clerical
or ministerial functions with regard to documents connected with this proceeding.
12.
Filings with the Commission. A party making a filing in this proceeding that contains
Confidential or Highly Confidential Information shall submit to the Secretary’s Office one copy of the
filing containing the Confidential or Highly Confidential Information (the “Confidential Filing”) and an
accompanying cover letter. The cover or first page of the Confidential Filing and each page of the
Confidential Filing that contains or discloses only Confidential Information shall be clearly marked
“CONFIDENTIAL INFORMATION – SUBJECT TO PROTECTIVE ORDER IN MB DOCKET NO.
14-57 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION.” The cover or first page of the
Confidential Filing and each page of the Confidential Filing that contains or discloses Highly
Confidential Information shall be clearly marked “HIGHLY CONFIDENTIAL INFORMATION –
SUBJECT TO PROTECTIVE ORDERS IN MB DOCKET NO. 14-57 BEFORE THE FEDERAL
COMMUNICATIONS COMMISSION.” The accompanying cover letter shall also contain the
appropriate legend. The Confidential Filing shall be made under seal, and will not be placed in the
Commission’s public file. The party shall submit a copy of the filing in redacted form, i.e., containing no
Confidential or Highly Confidential Information (the “Redacted Confidential Filing”) to the Commission
via ECFS.7 The Redacted Confidential Filing and the accompanying cover letter shall be stamped
“REDACTED – FOR PUBLIC INSPECTION.” The cover letter accompanying the Redacted
Confidential Filing shall state that the party is filing a redacted version of the filing. Each Redacted
Confidential Filing shall have the same pagination as the Confidential Filing from which it is derived. To
the extent that any page of the Confidential Filing contains any Confidential Information or Highly
Confidential Information, only the Confidential Information or Highly Confidential Information may be
redacted and the page of the unredacted Confidential Filing shall clearly distinguish among the
Confidential Information, the Highly Confidential Information and the non-confidential information.
Two copies of each Confidential Filing and the accompanying cover letter must be delivered, as directed
by Commission staff, to Vanessa Lemmé, Vanessa.Lemme@fcc.gov, (202) 418-2611, Industry Analysis
Division, Media Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 2-C313,
Washington, D.C. 20554. Parties should not provide courtesy copies of pleadings containing Highly
Confidential Information to Commission staff unless the Bureau so requests, and any such courtesy
copies shall be submitted under seal.
13.
Non-Disclosure of Confidential Information, and Highly Confidential Information.
Except with the prior written consent of the Submitting Party or as provided under this Joint Protective
Order, Confidential Information and Highly Confidential Information shall not be disclosed further.
14.
Protection of Stamped Confidential Documents, Stamped Highly Confidential
Documents, Confidential Information, and Highly Confidential Information. A Reviewing Party shall
have the obligation to ensure that access to Confidential Information and Highly Confidential Information
(including Stamped Confidential Documents and Stamped Highly Confidential Documents) is strictly
limited as prescribed in this Joint Protective Order. A Reviewing Party shall have the further obligation
to ensure that Confidential Information and Highly Confidential Information are used only as provided in
this Joint Protective Order.
15.
Requests for Additional Disclosure. If any person requests disclosure of Confidential or
Highly Confidential Information outside the terms of this Joint Protective Order, such a request will be

7 If a party is not able to submit a copy of the Redacted Confidential Filing via ECFS, it must file two copies of the
Redacted Confidential Filing with the Secretary’s Office along with the appropriately stamped cover letter, as
described in this paragraph.
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treated in accordance with sections 0.442 and 0.461 of the Commission’s rules.
16.
Client Consultation. Nothing in this Joint Protective Order shall prevent or otherwise
restrict Counsel from rendering advice to their clients relating to the conduct of this proceeding and any
subsequent judicial proceeding arising therefrom and, in the course thereof, relying generally on
examination of Confidential Information or Highly Confidential Information to which they have access
under this Joint Protective Order; provided, however, that in rendering such advice and otherwise
communicating with such clients, Counsel shall not disclose Confidential Information or Highly
Confidential Information.
17.
No Waiver of Confidentiality. Disclosure of Confidential or Highly Confidential
Information as provided herein by any person shall not be deemed a waiver by any Submitting Party of
any privilege or entitlement to confidential treatment of such Confidential or Highly Confidential
Information. Reviewing Parties, by viewing this material, agree: (1) not to assert any such waiver;
(2) not to use Confidential or Highly Confidential Information to seek disclosure in any other proceeding;
and (3) that accidental disclosure of Confidential or Highly Confidential Information by a Submitting
Party to a Reviewing Party shall not be deemed a waiver of any privilege or entitlement provided that the
Submitting Party takes prompt remedial action.
18.
Subpoena by Courts, Departments, or Agencies. If a court, or a federal or state
department or agency issues a subpoena for or orders the production of Stamped Confidential Documents,
Stamped Highly Confidential Documents, Confidential Information or Highly Confidential Information
that a party has obtained under the terms of this Joint Protective Order, such party shall promptly notify
each relevant Submitting Party of the pendency of such subpoena or order. Consistent with the
independent authority of any court, department or agency, such notification must be accomplished such
that the Submitting Party has sufficient opportunity to oppose such production prior to the production or
disclosure of any Stamped Confidential Document, Stamped Highly Confidential Document, Confidential
Information or Highly Confidential Information.
19.
Violations of the Joint Protective Order. Should a Reviewing Party violate any of the
terms of this Joint Protective Order, such Reviewing Party shall immediately convey that fact to the
Commission and to the relevant Submitting Parties. Further, should such violation consist of improper
disclosure of Confidential or Highly Confidential Information, the violating person shall take all
necessary steps to remedy the improper disclosure. The Commission retains its full authority to fashion
appropriate sanctions for violations of this Joint Protective Order, including but not limited to suspension
or disbarment of Counsel or Consultants from practice before the Commission, forfeitures, cease and
desist orders, and denial of further access to Confidential or Highly Confidential Information in this or
any other Commission proceeding. Nothing in this Joint Protective Order shall limit any other rights and
remedies available to the Submitting Party at law or in equity against any person using Confidential or
Highly Confidential Information in a manner not authorized by this Joint Protective Order.
20.
Termination of Proceeding. The provisions of this Joint Protective Order shall not
terminate at the conclusion of this proceeding. Within two weeks after conclusion of this proceeding and
any administrative or judicial review, Reviewing Parties shall destroy or return to the Submitting Party
Stamped Confidential Documents and Stamped Highly Confidential Documents and all copies of the
same. No material whatsoever containing or derived from Confidential and Highly Confidential
Information may be retained by any person having access thereto, except Outside Counsel may retain,
under the continuing strictures of this Joint Protective Order, two copies of pleadings (one of which may
be in electronic format) prepared in whole or in part by that party that contain Confidential or Highly
Confidential Information, and one copy of orders issued by the Commission or Bureau that contain
Confidential or Highly Confidential Information. All Counsel shall certify compliance with these terms
and shall deliver such certification to Counsel for the Submitting Party not more than three weeks after
conclusion of this proceeding. The provisions of this paragraph regarding retention of Stamped
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Confidential Documents and Stamped Highly Confidential Documents and copies of the same and
Confidential and Highly Confidential Information shall not be construed to apply to the Commission or
its staff.
21.
Questions. Questions concerning this Joint Protective Order should be addressed to Neil
Dellar, Neil.Dellar@fcc.gov, (202) 418-8214, Transaction Team, Office of General Counsel, and to Joel
Rabinovitz, Joel.Rabinovitz@fcc.gov, (202) 418-0689, Transaction Team, Office of General Counsel.
22.
Authority. This Order is issued pursuant to sections 4(i), 214 and 310(d) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 214 and 310(d), Section 4 of the
Freedom of Information Act, 5 U.S.C. § 552(b)(4), and authority delegated under section 0.283 of the
Commission’s rules, 47 C.F.R. § 0.283, and is effective upon its adoption.
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
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APPENDIX A

Highly Confidential Information and Documents

As specified in paragraphs 2 and 3 of the Protective Order, only information and documents set
forth in this Appendix and that otherwise meet the definition of Highly Confidential Information or
Highly Confidential Documents may be designated as Highly Confidential. This Appendix will be
updated as necessary.
1. Information that details the terms and conditions of or strategy related to a Submitting Party’s
most sensitive business negotiations or contracts (e.g., marketing, service or product
agreements, agreements relating to potential mergers and acquisitions, and comparably
sensitive contracts).
2. Information that discusses specific steps that will be taken to integrate companies or
discussions of specific detail or disaggregated quantification of merger integration benefits or
efficiencies (including costs, benefits, timeline, and risks of the integration).
3. Information that discusses in detail current or future plans to compete for a customer or
specific groups or types of customers (e.g., business or wholesale customers), including
specific pricing or contract proposals, pricing strategies, product strategies, advertising or
marketing strategies, future business plans, procurement strategies, technology
implementation or deployment plans and strategies (e.g., engineering capacity planning
documents), plans for handling acquired customers, and human resources and staffing
strategies.
4. Information that discloses the identity or characteristics of specific customers or of those a
company is targeting or with whom a company is negotiating (including identifying
information about specific customer facilities, information about customers’ levels of
demand, and information regarding pricing proposals).
5. Information that provides granular information about a Submitting Party’s current or future
costs, revenues, marginal revenues, market share or customers.
6. Detailed information describing or illustrating how a Submitting Party analyzes its
competitors, including sources and methods used in these analyses, any limits on use of these
analyses or data, and how such analyses or data are used.
7. Information that provides numbers of customers and revenues broken down by customer type
(e.g., business) and zip code or market area (e.g., CMA/MSA/RSA, DMA, state, regional
cluster).
8. Information that discusses in detail the number or anticipated changes in the number of
customers or amount of traffic, including churn rate data, broken down by zip code or market
and detailed information about why customers discontinue service.
9. Information that provides detailed or granular engineering capacity information or
information about specific facilities, including collocation sites, cell sites, or maps of network
facilities.
10. Information that provides detailed technical performance data and test results.

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ATTACHMENT B

Acknowledgment of Confidentiality

MB Docket No. 14-57

I am seeking access to [ ] only Confidential Information or [ ] Confidential and Highly
Confidential Information.
I hereby acknowledge that I have received and read a copy of the foregoing Joint Protective Order
in the above-captioned proceeding, and I understand it.
I agree that I am bound by the Joint Protective Order and that I shall not disclose or use Stamped
Confidential Documents, Stamped Highly Confidential Documents, Confidential Information or Highly
Confidential Information except as allowed by the Joint Protective Order.
I acknowledge that a violation of the Joint Protective Order is a violation of an order of the
Federal Communications Commission (Commission). I further acknowledge that the Commission retains
its full authority to fashion appropriate sanctions for violations of this Joint Protective Order, including
but not limited to suspension or disbarment of Counsel or Consultants from practice before the
Commission, forfeitures, cease and desist orders, and denial of further access to Confidential or Highly
Confidential Information in this or any other Commission proceeding.
I acknowledge that nothing in the Joint Protective Order limits any other rights and remedies
available to a Submitting Party at law or in equity against me if I use Confidential or Highly Confidential
Information in a manner not authorized by this Joint Protective Order.
I certify that I am not involved in Competitive Decision-Making.
Without limiting the foregoing, to the extent that I have any employment, affiliation, or role with
any person or entity other than a conventional private law firm (such as, but not limited to, a lobbying or
advocacy organization), I acknowledge specifically that my access to any information obtained as a result
of the Joint Protective Order is due solely to my capacity as Counsel or Outside Consultant to a party or
as a person described in paragraph 11 of the Joint Protective Order and agree that I will not use such
information in any other capacity.
I acknowledge that it is my obligation to ensure that Stamped Confidential Documents and
Stamped Highly Confidential Documents are not duplicated except as specifically permitted by the terms
of the Joint Protective Order and to ensure that there is no disclosure of Confidential Information or
Highly Confidential Information in my possession or in the possession of those who work for me, except
as provided in the Joint Protective Order.
I certify that I have verified that there are in place procedures at my firm or office to prevent
unauthorized disclosure of Confidential Information and Highly Confidential Information.
Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them
in the Joint Protective Order.
Executed this ___ day of _____________, 20__.

_________________________________

[Name]

[Position]

[Firm]
[Telephone]

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