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Federal Communications Commission

DA 12-1933

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Applications of GCI Communication Corp., ACS 
)     WT Docket No. 12-187
Wireless License Sub, Inc., ACS of Anchorage 
)
License Sub, Inc., and Unicom, Inc.
)
For Consent To Assign Licenses to The Alaska 
)
Wireless Network, LLC
)

NRUF/LNP PROTECTIVE ORDER

Adopted: November 30, 2012

 
 

Released: November 30, 2012

By the Chief, Wireless Telecommunications Bureau:
1. In connection with the Commission’s review of the transactions at issue in this proceeding, 
the Commission expects to examine information contained in the Numbering Resource Utilization and 
Forecast (“NRUF”) reports filed by carriers engaged in the provision of wireless telecommunications 
services1 (“Wireless Telecommunications Carriers”) and disaggregated, carrier-specific local number 
portability (“LNP”) data related to Wireless Telecommunications Carriers.  We anticipate that such 
materials will be necessary to develop a more complete record on which to base the Commission’s 
decision.  We also anticipate that parties participating in the proceeding may seek to review this data.
2. Section 251 of the Communications Act of 1934, as amended, grants the Commission 
jurisdiction over the North American Numbering Plan (“NANP”) and related telephone numbering issues.  
In order to better monitor the way numbering resources are used within the NANP and efficiently allocate 
NANP resources, the Commission requires telecommunications carriers to provide the Commission with 
a utilization report of their current inventory of telephone numbers and a five-year forecast of their 
numbering resource requirements – the NRUF report.2 LNP data are collected by the LNP Administrator 
and provided to the Commission.  The Commission has recognized that disaggregated, carrier-specific 
forecast and utilization data should be treated as confidential and should be exempt from general public 
disclosure under 5 U.S.C. § 552(b)(4).3
3. While we are mindful of the highly sensitive nature of such information, we are also mindful 
of the right of the public to participate in this proceeding in a meaningful way.  Therefore, consistent with 
past practice,4 the NRUF reports and LNP data will not be available to the public except pursuant to the 
 
 
1 See 47 C.F.R. § 1.907, 52.5.
2 47 C.F.R. § 52.15(f).  See Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and 
Further Notice of Proposed Rule Making, 15 FCC Rcd. 7574, 7578-79 ¶ 5 (2000).
3 Id. at 7607 ¶ 78.
4 See, e.g., AT&T Inc. and Deutsche Telekom AG For Consent To Assign or Transfer Control of Licenses and 
Authorizations, WT Docket 11-65, Protective Order, 26 FCC Rcd 6031 (WTB 2011) and AT&T Inc. and Centennial 
Communications Corp. For Consent to Transfer Control of Licenses, Authorizations, and Spectrum Leasing 
Arrangements, WT Docket 08-246, Protective Order, 24 FCC Rcd 13915 (WTB 2009).

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Federal Communications Commission

DA 12-1933

terms of this NRUF/LNP Protective Order; we will make such information available to participants in this 
proceeding, but limit such access to their Outside Counsel of Record and Outside Consultants whom they 
retain to assist them in this proceeding, and their Outside Counsel’s and Outside Consultants’ employees.  
We conclude that the procedures we adopt in this NRUF/LNP Protective Order give appropriate access to 
the public while protecting particularly competitively sensitive information from improper disclosure, and 
that the procedures we adopt thereby serve the public interest.5
4. Definitions. As used herein, capitalized terms not otherwise defined in this NRUF/LNP 
Protective Order shall have the following meanings:
“Acknowledgment” means the Acknowledgment of Confidentiality attached as Appendix A 
hereto.
“Competitive Decision-Making” means that a person’s activities, association, or relationship with 
any of its clients involve 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 a Wireless Telecommunications Carrier.  
“NRUF/LNP Confidential Information” means the NRUF reports, the data contained in those 
reports, the LNP data, and any information derived from the reports or the data that is not otherwise 
available from publicly available sources.
“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.
“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 the proceeding.
“Reviewing Party” means a person who has obtained access to NRUF/LNP Confidential 
Information pursuant to paragraphs 5 or 8 of this NRUF/LNP Protective Order.  
5. Procedure for Obtaining Access to NRUF/LNP Confidential Information. Any person 
seeking access to NRUF/LNP Confidential Information shall sign and date the Acknowledgment agreeing 
to be bound by the terms and conditions of this NRUF/LNP Protective Order; and file the 
Acknowledgment with the Bureau, on behalf of the Commission, so that it is received at least five 
business days prior to such person’s reviewing or having access to the NRUF/LNP Confidential 
Information, except that, where the person seeking access is one described in either clause 1 or 2 of 
paragraph 8, the Acknowledgment shall be delivered promptly prior to the person’s obtaining access.
Each Wireless Telecommunications Carrier shall have an opportunity to object to the disclosure of its 
NRUF/LNP Confidential Information to any such person. A Wireless Telecommunications Carrier must 
file any such objection at the Commission and serve it on Counsel representing, retaining or employing 
 
 
5 This NRUF/LNP Protective Order does not constitute a resolution of the merits concerning whether any 
information submitted under the NRUF/LNP Protective Order would be released publicly by the Commission upon 
a proper request under the Freedom of Information Act (FOIA) or otherwise.
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DA 12-1933

such person within three business days after that person’s Acknowledgment has been filed with the 
Commission (or where the person seeking access is one described in clause 1 or 2 of paragraph 8, file and 
serve such objection as promptly as practicable after the Acknowledgment has been filed). Until any such 
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 Wireless Telecommunications Carrier shall not have access to that carrier’s NRUF/LNP 
Confidential Information.  
6. Review of NRUF/LNP Confidential Information.  A Reviewing Party shall contact Kathy 
Harris, Mobility Division, Wireless Telecommunications Bureau, Federal Communications Commission, 
at 202-418-0609, to receive instructions on how to obtain and review NRUF/LNP Confidential 
Information.  A Reviewing Party may temporarily load onto a computer NRUF/LNP Confidential 
Information.  Once loaded, any files containing NRUF/LNP Confidential Information shall be password 
protected immediately.  The NRUF/LNP Confidential Information may not be stored on a computer after 
being analyzed.  After the analysis is complete, the results of such analysis may be stored by saving the 
results (but not the original underlying NRUF/LNP Confidential Information) to a mobile data storage 
medium.  All files containing NRUF/LNP Confidential Information shall be deleted from the computer as 
soon as practicable.  The original disk containing the NRUF/LNP Confidential Information and the 
mobile storage medium containing the results shall be stored securely and a record kept of any persons 
given access to them.  
7. Use of NRUF/LNP Confidential Information.  Persons obtaining access to NRUF/LNP 
Confidential Information under this NRUF/LNP 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 
information for any other purpose, including without limitation business, governmental, or commercial 
purposes, or in other administrative, regulatory or judicial proceedings.  Should the Commission rely 
upon or otherwise make reference to the contents of any NRUF/LNP Confidential Information in its 
decision in this proceeding, it will do so by redacting any NRUF/LNP Confidential Information from the 
public version of the decision and by making the unredacted version of the decision available only to a
court and to those persons entitled to access to NRUF/LNP Confidential Information under this 
NRUF/LNP Protective Order.   
8. Permissible Disclosure.  A Reviewing Party may discuss and share the contents of 
NRUF/LNP Confidential Information with another Reviewing Party and with the Commission and its 
staff.  A Wireless Telecommunication Carrier’s own NRUF/LNP Confidential Information may also be 
disclosed to employees and Counsel of the carrier.  Subject to the requirements of paragraph 5, a 
Reviewing Party may disclose NRUF/LNP 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.  
9. Filings with the Commission.  A Reviewing Party may in any document that it files in this 
proceeding disclose NRUF/LNP Confidential Information only if it complies with the following 
procedure.  The party shall submit to the Secretary’s Office one copy of the filing containing NRUF/LNP 
Confidential Information (the “NRUF/LNP Confidential Filing”), two copies of the filing in redacted 
form, i.e., containing no NRUF/LNP Confidential Information (the “Redacted NRUF/LNP Confidential 
Filing”), and an accompanying cover letter.  The cover or first page of the NRUF/LNP Confidential Filing 
and each page of the NRUF/LNP Confidential Filing that contains or discloses NRUF/LNP Confidential 
Information must be clearly marked “HIGHLY CONFIDENTIAL INFORMATION – SUBJECT TO 
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DA 12-1933

PROTECTIVE ORDER IN WT DOCKET NO. 12-187 before the Federal Communications 
Commission.”  The cover letter shall also contain this legend.  The NRUF/LNP Confidential Filing shall 
be made under seal, and will not be placed in the Commission’s public file.  The two copies of the 
Redacted NRUF/LNP Confidential Filing and the accompanying cover letter shall be stamped 
“REDACTED – FOR PUBLIC INSPECTION.”  The cover letter accompanying the Redacted 
NRUF/LNP Confidential Filing shall state that the party is filing a redacted version of the filing.  Each 
Redacted NRUF/LNP Confidential Filing shall have the same pagination as the NRUF/LNP Confidential 
Filing from which it is derived.  To the extent that any page of the NRUF/LNP Confidential Filing 
contains any type of Confidential Information and non-confidential information, only the Confidential 
Information (of whatever type) shall be redacted and the page of the unredacted Confidential Filing shall 
clearly distinguish among the various types of Confidential Information and the non-confidential 
information.  Two copies of each NRUF/LNP Confidential Filing and the accompanying cover letter must 
be delivered in person to Kathy Harris, Mobility Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 12th Street, S.W., Room 6239, Washington, D.C. 20554.  Parties 
should not provide courtesy copies of pleadings containing NRUF/LNP Confidential Information to 
Commission staff unless the Bureau so requests, and any such courtesy copies shall be submitted under 
seal.
10. Non-Disclosure of NRUF/LNP Confidential Information.  Except as provided under this 
NRUF/LNP Protective Order, NRUF/LNP Confidential Information may not be disclosed further.  
11. Protection of Stamped NRUF/LNP Confidential Information. A Reviewing Party shall have 
the obligation to ensure that access to NRUF/LNP Confidential Information is strictly limited as 
prescribed in this NRUF/LNP Protective Order. A Reviewing Party shall further have the obligation to 
ensure that NRUF/LNP Confidential Information is used only as provided in this NRUF/LNP Protective 
Order.
12. Requests for Additional Disclosure.  If any person requests disclosure of NRUF/LNP 
Confidential Information outside the terms of this NRUF/LNP Protective Order, such a request will be 
treated in accordance with sections 0.442 and 0.461 of the Commission’s rules.
13. Client Consultation.  Nothing in this NRUF/LNP Protective Order shall prevent or otherwise 
restrict Outside 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 NRUF/LNP Confidential Information; provided, however, that in rendering such advice 
and otherwise communicating with such client, Outside Counsel shall not disclose NRUF/LNP 
Confidential Information.
14. No Waiver of Confidentiality. Disclosure of NRUF/LNP Confidential Information as 
provided herein by any person shall not be deemed a waiver by any affected party of any privilege or 
entitlement to confidential treatment of such NRUF/LNP Confidential Information.  Reviewing Parties, 
by viewing this material agree: (1) not to assert any such waiver; (2) not to use NRUF/LNP Confidential 
Information to seek disclosure in any other proceeding; and (3) that accidental disclosure of NRUF/LNP 
Confidential Information shall not be deemed a waiver of any privilege or entitlement.
15. 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 NRUF/LNP Confidential Information that a 
party has obtained under terms of this NRUF/LNP Protective Order, such party shall promptly notify the 
Commission and each affected Wireless Telecommunications Carrier 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 Commission and each affected Wireless Telecommunications Carrier 
has a full opportunity to oppose such production prior to the production or disclosure of any NRUF/LNP 
Confidential Information.
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16. Violations of NRUF/LNP Protective Order.  Should a Reviewing Party violate any of the 
terms of this NRUF/LNP Protective Order, such Reviewing Party shall immediately convey that fact to 
the Commission.  Further, should such violation consist of improper disclosure of NRUF/LNP 
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 NRUF/LNP Protective Order, including but not limited to suspension or disbarment of Counsel or 
Outside Consultants from practice before the Commission, forfeitures, cease and desist orders, and denial 
of further access to NRUF/LNP Confidential Information in this or any other Commission proceeding.
Nothing in this NRUF/LNP Protective Order shall limit any other rights and remedies available to the 
affected Wireless Telecommunications Carriers at law or in equity against any person using NRUF/LNP 
Confidential Information in a manner not authorized by this NRUF/LNP Protective Order.
17. Termination of Proceeding.  The provisions of this NRUF/LNP 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 Commission all 
NRUF/LNP Confidential Information and all copies of the same.  No material whatsoever containing 
NRUF/LNP Confidential Information may be retained by any person having access thereto, except 
Outside Counsel may retain, under the continuing strictures of this NRUF/LNP 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 NRUF/LNP Confidential Information, and one copy of orders issued by the Commission or 
Bureau that contain NRUF/LNP Confidential Information.  All Outside Counsel shall certify compliance 
with these terms and shall deliver such certification to the Commission not more than three weeks after 
conclusion of this proceeding.  The provisions of this paragraph regarding retention of NRUF/LNP 
Confidential Information shall not be construed to apply to the Commission or its staff.
18. 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 0.331 of the 
Commission’s rules, 47 C.F.R. § 0.331, and is effective upon its adoption.
FEDERAL COMMUNICATIONS COMMISSION
Ruth Milkman
Chief, Wireless Telecommunications Bureau
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DA 12-1933

APPENDIX A

Acknowledgment of Confidentiality

WT Docket No. 12-187

  I hereby acknowledge that I have received and read a copy of the foregoing NRUF/LNP 
Protective Order in the above-captioned proceeding, and I understand it.
I agree that I am bound by the NRUF/LNP Protective Order and that I shall not disclose or use 
NRUF/LNP Confidential Information except as allowed by the NRUF/LNP Protective Order.
I acknowledge that a violation of the NRUF/LNP Protective Order is a violation of an order of the 
Federal Communications Commission.
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 NRUF/LNP Protective Order is due solely to my capacity as Outside Counsel or Outside 
Consultant to a Participant or as a person described in paragraph 8 of the foregoing NRUF/LNP 
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 NRUF/LNP Confidential Information is used 
only as specifically permitted by the terms of the NRUF/LNP Protective Order.  
I certify that I have verified that there are in place procedures at my firm or office to prevent 
unauthorized disclosure of NRUF/LNP Confidential Information.
Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them 
in the Protective Order or the NRUF/LNP Protective Order.
Executed this ___ day of _____________, 2012.
 
_________________________________
 
[Name]
 
 
[Position]
 
[Address]
[Telephone]
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