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Game Show Network, LLC V. Cablevision Systems Corporation

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Released: November 23, 2011

Federal Communications Commission

DA 11-1940

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Game Show Network, LLC,
)
File No. CSR-8529-P
Complainant,
)
)

v.
)
)

Cablevision Systems Corp.,
)
Defendant
)

ORDER

Adopted: November 23, 2011

Released: November 23, 2011

By the Chief, Media Bureau:

I.

INTRODUCTION

1.
For the reasons discussed below, we adopt the Protective Order set forth in Appendix A
to ensure that certain confidential documents and information submitted by the parties in the above-
captioned proceeding are afforded adequate protection.

II.

BACKGROUND

2.
On October 12, 2011, Game Show Network, LLC (“GSN”) filed a program carriage
complaint alleging that Cablevision Systems Corporation (“Cablevision”) discriminated against GSN on
the basis of affiliation, with the effect of unreasonably restraining GSN’s ability to compete fairly, in
violation of Section 616 of the Communications Act of 1934, as amended (“the Act”), and the
Commission’s program carriage rules.1 Along with its complaint, GSN filed a Petition for Temporary
Relief asking the Commission to order Cablevision, during the pendency of GSN’s complaint, to restore
GSN to the basic tier carriage it was receiving on Cablevision’s cable systems as of January 31, 2011.2
3.
On November 17, 2011, GSN and Cablevision (collectively, the “Parties”) filed a joint
motion requesting that the Commission enter a protective order in this proceeding.3 GSN and Cablevision
explain that the evidence in this matter will likely include the Parties’ confidential agreements and their
confidential negotiations and communications related thereto.4 GSN and Cablevision seek enhanced
protection of highly sensitive data that could place them at a significant competitive disadvantage if
disclosed to their competitors or, with respect to some documents, to the other Party’s employees.5 They


1 See Game Show Network, LLC, Program Carriage Complaint, File No. CSR-8529-P (filed Oct. 12, 2011).
2 See Game Show Network, LLC, Petition for Temporary Relief Pending Resolution of Program Carriage
Complaint, File No. CSR-8529-P (filed Oct. 12, 2011).
3 See Joint Motion for Entry of Protective Order, File No. CSR-8529-P (filed Nov. 17, 2011) (“Motion”) (attaching
Proposed Protective Order).
4 See id. at 1.
5 See id.

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DA 11-1940

submit that the Commission has long recognized that the competitively sensitive data at issue here, such
as the terms and pricing of business negotiations and agreements, are appropriately subject to enhanced
confidential treatment.6 Due to the confidential nature of this information, GSN and Cablevision propose
that the Commission adopt a Protective Order to limit access to the information.7 The proposed
Protective Order includes a category of confidential information called “Highly Confidential
Information,” to which only the Outside Counsels of Record for GSN and Cablevision, certain outside
consultants or experts, and one specifically designated employee for each of GSN and Cablevision would
have access, and to which other employees of GSN and Cablevision would not have access.8

III.

DISCUSSION

4.
Based on the representations made by GSN and Cablevision, we conclude that a
Protective Order is needed to provide enhanced confidential treatment for certain information submitted
in this proceeding. GSN and Cablevision explain that the information sought to be protected is
competitively sensitive and that additional protection is warranted so that such information is closely
guarded and not made available publicly. Accordingly, we adopt the Protective Order set forth in
Appendix A. Any party seeking access to confidential documents subject to this Protective Order shall
request access pursuant to the terms of the Protective Order and must sign the Declaration provided as
Attachment A to this Protective Order.
5.
The attached Protective Order reflects the desire of GSN and Cablevision, given the
confidential nature of certain information designated Highly Confidential Information, to preclude certain
employees of each Party from access to this information. We do not intend by this Order to prejudge this
issue. If either Party believes that it is necessary for purposes of effectively adjudicating this proceeding
that specific employees be granted access to the confidential information designated Highly Confidential
Information, it may file a motion to amend the Protective Order. At a minimum, such motion should
include: (i) the title, name, and job description for each employee for which access to the Highly
Confidential Information is sought; (ii) the reason why that employee’s access to the Highly Confidential
Information is necessary to the effective adjudication of this proceeding; and (iii) why experts and
consultants outside of that party’s employ cannot perform the same function.9 In no event will access be
granted to employees in a position to use the Highly Confidential Information for competitive commercial
or business purposes.
6.
In addition to Paragraph 4 of the attached Protective Order, we clarify that a party filing
documents with the Commission that contain Confidential Information (“Confidential Filing”) must file
one copy of the Confidential Filing and, where feasible, two copies of the Confidential Filing in redacted
form (“Redacted Confidential Filing”). A Confidential Filing must be accompanied by a cover letter
stating: “

CONTAINS CONFIDENTIAL INFORMATION - DO NOT RELEASE - SUBJECT TO
PROTECTIVE ORDER IN GAME SHOW NETWORK, LLC v. CABLEVISION SYSTEMS
CORPORATION, FILE NO. CSR-8529-P

.” As set forth in Paragraph 4 of the attached Protective
Order, each page of this document containing Confidential Information shall be stamped with the
preceding statement or with the following statement: “

CONTAINS HIGHLY CONFIDENTIAL
INFORMATION - DO NOT RELEASE - SUBJECT TO PROTECTIVE ORDER IN GAME
SHOW NETWORK, LLC v. CABLEVISION SYSTEMS CORPORATION, FILE NO. CSR-8529-
P

.” Redacted Confidential Filings must be accompanied by a cover letter stating: “

REDACTED – FOR



6 See id. at 2.
7 See id.
8 Proposed Protective Order at Paragraphs 2(e), 6(b), and 8.
9 This procedure does not apply to the process for modifying the designee listed in Paragraph 6(b)(i). See Appendix
A at Paragraph 6(b).
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PUBLIC INSPECTION

”, and the cover letter should also state that the Submitting Party is filing an
unredacted version of the same documents.

IV.

ORDERING CLAUSES

7.
Accordingly, we

ADOPT AND ISSUE

the Protective Order attached at APPENDIX A
pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. §§ 154(i) and (j),
Section 0.457(d) of the Commission’s rules, 47 C.F.R. § 0.457(d), and Section 4 of the Freedom of
Information Act, 5 U.S.C. § 552(b)(4), and such Protective Order is effective upon its adoption.
8.
This action is taken pursuant to authority delegated by Section 0.283 of the
Commission’s rules.10
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau


10 47 C.F.R. § 0.283.
3

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APPENDIX A

In the Matter of
)
)

Game Show Network, LLC,
)
File No. CSR-8529-P
Complainant,
)
)

v.
)
)

Cablevision Systems Corp.,
)
Defendant
)

PROTECTIVE ORDER

1.
This Protective Order is intended to facilitate and expedite the review of documents filed
in this proceeding or obtained from a person in the course of discovery that contain trade secrets and
privileged or confidential commercial or financial information. It establishes 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.
2.
Definitions.
a.
Authorized Representative. “Authorized Representative” shall have the meaning
set forth in Paragraph 8.
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) operational,
financial, revenue, and other sensitive business information; (ii) program carriage agreements, the terms
thereof, or negotiations related to same, or any part thereof; (iii) other 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 or 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 (iv) 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, whether in paper or electronic format.
d.
Declaration. “Declaration” means Attachment A to this Protective Order.
e.
Highly Confidential Information. “Highly Confidential Information” means
Confidential Information so designated by a Submitting Party upon a determination in good faith that
such information would, if disclosed to a counterparty or competitor of the Submitting Party, significantly
disadvantage the current or future negotiating or competitive position of the Submitting Party. Highly
Confidential Information includes additional copies of, notes regarding, and information derived from,
Highly Confidential Information.
4

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f.
Outside Counsel of Record. “Outside Counsel of Record” means the firm(s) of
attorneys, along with their employees (such as attorneys, secretaries, support staff, and paralegals),
representing either complainant Game Show Network, LLC (“GSN”) or defendant Cablevision Systems
Corporation (“Cablevision”) (collectively, the “Parties”) in this proceeding. For the avoidance of doubt,
Outside Counsel of Record shall exclude any employee of either GSN or Cablevision and includes the
following law firms that currently represent the parties: Covington & Burling LLP and Mintz, Levin,
Cohn, Ferris, Glovsky and Popeo, P.C.
g.
Reviewing Party. “Reviewing Party” means a person or entity participating in
this proceeding that receives Confidential information.
h.
Submitting Party. “Submitting Party” means a person or entity that seeks
confidential treatment of Confidential Information pursuant to this Protective Order.
3.
Claim of Confidentiality. The Submitting Party may designate information as
“Confidential Information” consistent with the definition of that term in Paragraph 2.c of this Protective
Order. The Submitting Party may furthermore designate some or all of the Confidential Information as
“Highly Confidential Information” consistent with the definition of that term in Paragraph 2.e of this
Protective Order. The Commission may, sua sponte or upon petition, pursuant to 47 C.F.R. §§ 0.459 and
0.461, determine that all or part of the information claimed as “Confidential Information” or “Highly
Confidential Information” is not entitled to such treatment.
4.
Procedures for Claiming Information is Confidential.
a.
Confidentiality Designation. Confidential Information submitted to the
Commission or exchanged by the Parties shall bear on the front page in bold print, “

CONTAINS
CONFIDENTIAL INFORMATION - DO NOT RELEASE - SUBJECT TO PROTECTIVE
ORDER IN GAME SHOW NETWORK, LLC v. CABLEVISION SYSTEMS CORPORATION,
FILE NO. CSR-8529-P

.” Confidential Information shall be segregated by the Submitting Party from all
non-confidential information submitted to the Commission. Information designated as Highly
Confidential Information shall be so designated on the face of each page containing such information, and
the first page of any document containing such information shall state in bold print “

CONTAINS
HIGHLY CONFIDENTIAL INFORMATION - DO NOT RELEASE - SUBJECT TO
PROTECTIVE ORDER IN GAME SHOW NETWORK, LLC v. CABLEVISION SYSTEMS
CORPORATION, FILE NO. CSR-8529-P

.” 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. By designating information as “Confidential
Information,” a Submitting Party signifies that it has determined in good faith that the information should
be subject to protection under the Freedom of Information Act, the Commission’s implementing rules,
and this Protective Order.
b.
Objections. If a Reviewing Party believes that a document has been designated
incorrectly as Confidential Information or Highly Confidential Information pursuant to the provisions of
Paragraph 4.a hereof, the Reviewing Party shall so notify the Submitting Party in writing (including via
electronic mail). Upon receiving such a notice, the Submitting Party shall reevaluate its confidentiality
designation and shall notify the Reviewing Party in writing (including via electronic mail) within two
business days after receipt of the Reviewing Party’s notice whether it will modify the designation. The
Reviewing Party may seek review by the Media Bureau or the Commission of any confidentiality
designation, provided that during the pendency of any review by the Media Bureau or the Commission
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the material subject to review shall be treated as having the confidentiality designation established by the
Submitting Party.
c.
Inadvertent Designations. If a Submitting Party inadvertently designates or fails
to designate material as Confidential Information or Highly Confidential Information, the Submitting
Party shall so notify the Reviewing Party and, if the material was submitted to the Commission, the
Secretary of the Commission, in writing (including via electronic mail). As promptly as practicable
following receipt of such notice, the Reviewing Party shall treat the material as having the corrected
designation set forth in the notice.
5.
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.
6.
Access to Confidential Information.
a.
Within the Commission. In addition to the members of the Commission,
Confidential Information may be made available to the Commission’s staff. 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 the scope of which includes the Confidential
Information, or if they execute the attached Declaration.
b.
Outside of the Commission. Except as set forth in section 6.a, Confidential
Information shall be disclosed, summarized, described, characterized or otherwise communicated or made
available in whole or in part only to the Submitting Party and Authorized Representatives of the
Reviewing Party, as further described in Paragraph 8, who have complied with the procedures set forth in
Paragraph 9. Notwithstanding the preceding sentence, Highly Confidential Information may be disclosed,
summarized, described, characterized or otherwise communicated or made available in whole or in part
only to (i) in the case of Cablevision, Alexander Shapiro, who in his capacity as Senior Vice President
and Associate General Counsel, oversees the management of Cablevision litigation, and in the case of
GSN, Steven Brunell, who in his capacity as Executive Vice President and Chief Financial Officer
oversees finances and administrative operations of the company; and (ii) Authorized Representatives of a
Reviewing Party who are described in Paragraph 8.a or 8.c of this Protective Order. Either party shall be
permitted to modify its designee pursuant to Section 6(b)(i) hereof for a bona fide reason upon written
notice to the Chief, Media Bureau and the opposing party, which notice shall represent that such party’s
new designee’s job responsibilities do not include negotiation of agreements for the sale, licensing, or
carriage of video programming, provided that such notice shall become effective five (5) business days
after its receipt by the opposing party if the opposing party does not object to such designation in a
written notice delivered to the Chief, Media Bureau and the opposing party within such five (5) business
day period, or sooner if the opposing party consents in writing to such earlier effectiveness.
7.
Disclosure. Persons designated pursuant to Paragraph 9 may disclose Confidential
Information to other Authorized Representatives to whom disclosure is permitted under the terms of
Paragraph 6 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.
6

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8.
Authorized Representatives shall be limited to:
a.
Outside Counsel of Record and their formally engaged service vendors, to the
extent reasonably necessary to render professional services in this proceeding;
b.
Employees of the Parties, including such persons 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; and
c.
Outside consultants or experts retained for the purpose of assisting Outside
Counsel of Record or providing opinions or testimony in this proceeding, provided that such outside
consultants or experts (1) are not employees of GSN or Cablevision and are not in a position to use the
Confidential Information for competitive commercial or business purposes, including persons involved in
competitive decision-making; and (2) will not, for a period of eighteen (18) months from the date of this
Protective Order, negotiate, advise, or otherwise work for any person or entity in connection with the
negotiation of agreements for the sale, licensing, or carriage of video programming, where such
negotiations are directly adverse to the Submitting Party, provided that this provision does not prohibit
any such person from (i) participating as a testifying or non-testifying expert (or staff thereto) in any
litigation or arbitration (including administrative litigation), or (ii) advising any person regarding video
programming agreements that have already been negotiated, provided that such advice is not directed to
any current or future negotiations.
9.
Procedures for Obtaining Access to Confidential Information. In all cases where access
to Confidential Information is sought pursuant to Paragraphs 6, 7 or 8, before reviewing or having access
to any Confidential Information, each person seeking such access shall execute the Declaration in
Attachment A and file it with the Commission and serve it upon the Submitting Party through their
Outside Counsel of Record, so that the Declaration is received by the Submitting Party at least five (5)
business days prior to such person’s reviewing or having access to such Submitting Party’s Confidential
Information (except if the Submitting Party waives this waiting period in writing). Each Submitting Party
shall have an opportunity to object to the disclosure of its Confidential Information to any such persons.
Any objection must be filed at the Commission and served on Outside Counsel of Record representing,
retaining, or employing such person as promptly as practicable after receipt of the relevant Declaration.
Until any such objection is resolved by the Commission and, if appropriate, any court of competent
jurisdiction prior to any disclosure, and unless such objection is resolved in favor of the person seeking
access, persons subject to an objection from a Submitting Party shall not have access to Confidential
Information. If there is no objection or once such objection is resolved, the Submitting Party shall serve
the documents of such party containing Confidential Information on the requesting party’s Outside
Counsel of Record, or if so requested, will make such material available for review at the offices of the
Submitting Party’s Outside Counsel of Record.
10.
Copies of Confidential Information. Subject to a request for Confidential Information
submitted pursuant to Paragraph 9, the Submitting Party shall provide a copy of the Confidential
Information 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. 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 and fully secured from access by
unauthorized persons at all times.
7

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11.
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.
12.
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.
13.
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 designated using double brackets within the pleadings;
b.
The unredacted versions 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 with the legend specified in Paragraph 4 of this
Protective Order; and
d.
The portion(s) of the pleading containing Confidential Information, to the extent
they are required to be served, shall be served upon the Secretary of the Commission and Outside Counsel
of Record for the Parties. Such portions 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 Party filing a pleading containing Confidential Information shall also file a
redacted version of the pleading containing no Confidential Information, which copy shall be placed in
the Commission’s public files. A Party may provide courtesy copies of pleadings containing Confidential
Information to Commission staff so long as the notations required by this Paragraph and Paragraph 4 are
not removed.
14.
Client Consultation. Nothing in this Protective Order shall prevent or otherwise restrict
Outside Counsel of Record 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; provided, however, that in rendering such advice
and otherwise communicating with such client, Outside Counsel of Record shall not disclose Highly
Confidential Information to their clients except as permitted by this Protective Order.
15.
Violations of Protective Order. Should a Reviewing Party that has 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
8

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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.
16.
Termination of Proceeding. The provisions of this Protective Order shall not terminate at
the conclusion of this proceeding. Within two weeks after final resolution of this proceeding (which
includes any administrative or judicial appeals), persons described in Paragraphs 7 and 8 shall destroy or
return to the Submitting Party the relevant documents containing Confidential Information of the
Submitting Party as well as all copies and derivative materials made (regardless of the format in which
such copies and derivative materials may exist), and the Reviewing Party 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 Outside Counsel of
Record may retain, under the continuing strictures of this Protective Order, two copies (one of which may
be in electronic format) of all pleadings and exhibits thereto filed in this proceeding, all orders and
exhibits thereto issued in this proceeding, all transcripts and exhibits thereto created in connection with
this proceeding, and all attorney work product regardless of whether such pleadings, transcripts or work
product contain Confidential Information. Any Confidential Information contained in any copies of such
documents retained by Outside Counsel of Record to a party pursuant to this Paragraph 16 shall be
protected from disclosure or use indefinitely in accordance with this Protective Order unless such
Confidential Information is released from the restrictions of this Protective Order either through
agreement of the Parties, or pursuant to the order of the Commission or a court having jurisdiction. The
provisions of this Paragraph 16 regarding the retention of Confidential Information, any documents
containing such information, and copies of same, shall not be construed to apply to the Commission or its
staff.
17.
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 Information 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.
18.
Subpoena by Courts, Departments, or Agencies. If a court or a federal or state
department or agency issues a subpoena or orders production of Confidential Information that a party has
obtained under terms of this Protective Order, such party shall promptly notify in writing each Submitting
Party of the pendency of such subpoena or order and shall independently use good faith efforts to seek
confidential treatment of any Confidential Information required to be produced pursuant to 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 a full opportunity to oppose such production,
which shall be at least five (5) business days prior to the production or disclosure of any Confidential
Information.
19.
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
necessary or to the rights of Reviewing Parties to request further or renewed disclosure of Confidential
Information.
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20.
Effect of Protective Order. This Protective Order constitutes an Order of the Commission
and also a binding agreement between the Reviewing Party or other person executing the attached
Declaration and the Submitting Party.
21.
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); 47 C.F.R. § 0.457(d); and Section 4 of the
Freedom of Information Act, 5 U.S.C. § 552(b)(4).
10

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Attachment A

In the Matter of
)
)

Game Show Network, LLC,
)
File No. CSR-8529-P
Complainant,
)
)

v.
)
)

Cablevision Systems Corp.,
)
Defendant
)

DECLARATION

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 I
understand it. I agree to be bound by its terms pertaining to the treatment of Confidential Information
submitted by parties to this proceeding, and I agree that I shall not disclose or use Confidential
Information except as allowed by the Protective Order.
Without limiting the foregoing, I acknowledge specifically that my access to any Confidential
Information obtained as a result of the Protective Order is due solely to my capacity as Outside Counsel
of Record or other person described in Paragraphs 6, 7 or 8 of the foregoing Protective Order, and that I
will not use such Confidential Information in any other capacity; nor will I disclose such Confidential
Information except as specifically provided in the Protective Order.
I acknowledge that it is my obligation to ensure that: (1) Confidential Information provided to me is used
only as provided in the Protective Order; and (2) documents provided to me containing Confidential
Information are not duplicated except as specifically permitted by the terms of the Protective Order, and I
certify that there are in place procedures, at my firm or office, to prevent unauthorized disclosure of
Confidential Information.
To the extent that I am an outside consultant or expert as defined in Paragraph 8.c of the Protective Order,
I agree to be bound by the restrictions on my activities set forth in Paragraph 8.c for a period of eighteen
(18) months from the date of this Protective Order.
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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
between the undersigned and the Submitting Party.
(signed)
(printed name)
(representing)
(title)
(employer)
(address)
(phone)
(date)
12

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