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Investigation of Certain 2012 Annual Access Tariffs

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Released: October 4, 2012

Federal Communications Commission

DA 12-1584

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

WC Docket No. 12-233
Investigation of Certain 2012 Annual
)
Access Tariffs
)
WCB/Pricing No. 12-09
)
)

ORDER ON RECONSIDERATION

Adopted: October 4, 2012

Released: October 4, 2012
By the Chief, Wireline Competition Bureau:
1. On September 21, 2012, the Wireline Competition Bureau (“Bureau”) adopted a protective
order setting forth procedures for filing proprietary or confidential information and to provide limited
access to such information filed in these proceedings.1 On October 2, 2012, AT&T Services Inc.
(“AT&T”) filed an ex parte letter in which it expressed “concern that the protective order (DA 12-1518),
released on September 21, 2012, contained a materially narrowed definition of ‘Reviewing Party’ from
the protective order it superseded …”2 AT&T further stated that “the narrowed definition would prevent
AT&T’s internal subject matter experts, who are not involved in competitive decision making, from
reviewing the data subject to the protective order and providing technical and other expert advice…”3
2. In this Order, on our own motion, we reconsider the September 21, 2012 Protective Order,
and adopt a Revised Protective Order for use in these proceedings.4 We agree with AT&T that the
definition of “Reviewing Party” contained in the September 21, 2012 Protective Order could be read to
prevent “internal subject matter experts, who are not involved in competitive decision-making from
reviewing data subject to the protective order.”5 As AT&T noted in its ex parte letter, the September 21,
2012 Protective Order
superseded a Protective Order previously adopted by the Wireline Competition
Bureau to facilitate party review of access tariff filings.6 The previously adopted Protective Order, which
has been in use for tariffing matters since 1997, permitted internal subject matter experts who are not


1 Investigation of Certain 2012 Annual Access Tariffs, WC Docket No. 12-233, WCB/Pricing No. 12-09, Protective
Order, DA 12-1518 (Wireline Comp. Bur., rel. Sept. 21, 2012). (“September 21, 2012 Protective Order”).
2 Letter from Christi Shewman, Counsel for AT&T Services Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission, WC Docket No. 12-233, WCB/Pricing No. 12-09 (filed Oct. 2, 2012) (“AT&T Ex
Parte
Letter”).
3 Id. at 1.
4 See Appendix (“Revised Protective Order”).
5 AT&T Ex Parte Letter at 1.
6 See Announcing Procedures for Filing and Obtaining Confidential Information for Annual Access Charge Tariff
Filing and Corrections to TRP Intrastate Eligible Recovery Worksheet for Rate-of-Return Carriers and Long Form
TRP for Price Cap Carriers
, WCB/Pricing File No. 12-08, Public Notice, 27 FCC Rcd 6066, 6068-72, Attach. A
(Wireline Comp. Bur. 2012).

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DA 12-1584

involved in competitive decision making to review data subject to the Protective Order.7 The September
21, 2012 Protective Order
was not intended to disturb the status quo in this regard by preventing such
review. Accordingly, the Revised Protective Order we adopt as part of this Order on Reconsideration
contains a new definition of “Authorized Representative” that includes “employees of parties to this
proceeding, 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…”8 The
Revised Protective Order also specifies that “Authorized Representatives” can access “Stamped
Confidential Documents” and “Confidential Information.”9
3. The Revised Protective Order broadens the class of people eligible to access Stamped
Confidential Documents and Confidential Information filed in these proceedings. In particular, we note
that anyone who was eligible to access confidential information under the September 21, 2012 Protective
Order
will also be able to access such information under the terms of the Revised Protective Order. We
also note that the Revised Protective Order does not change the terms covering treatment of Confidential
Information by anyone who can access such information. Accordingly, Confidential Information filed
under the September 21, 2012 Protective Order will now be subject to the terms of the Revised Protective
Order
. Any Submitting Party under the September 21, 2012 Protective Order that objects to Confidential
Information filed under the September 21, 2012 Protective Order being subject to the terms of the
Revised Protective Order adopted herein must file objections for expedited consideration within three
business days of the adoption of this Order.
4. Any person that executed the Acknowledgement of Confidentiality included as Appendix A
of the September 21, 2012 Protective Order is directed to execute the Acknowledgement of
Confidentiality included as Appendix A of the Revised Protective Order within three business days of
adoption of the Revised Protective Order. We note that persons who comply with this timeline will
continue to have access to confidential information under the terms of the September 21, 2012 Protective
Order
until Acknowledgements of Confidentiality under the Revised Protective Order are effective or
until objections of Submitting Parties to Acknowledgements of Confidentiality under the Revised
Protective Order
are resolved.
5. Authority. IT IS ORDERED that, pursuant to section 0.91, 0.291 and 1.108 of the
Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.108, we reconsider on our own motion certain terms
included in the September 21, 2012 Protective Order adopted in this proceeding. The Revised Protective
Order
is included as an Appendix to this Order.


7 See 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, 2239-45, App. B (1997).
8 See Appendix at para. 3. The definition of “Authorized Representative” also specifies that disclosure to persons
involved in Competitive Decision-Making shall be prohibited. See id.
9 See infra Appendix at Para. 6. The Revised Protective Order also contains other conforming changes necessary to
clarify our intent not to prevent internal subject matter expert review of data subject to the Protective Order.
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6. IT IS FURTHER ORDERED that the Revised Protective Order included as an Appendix
below is issued pursuant to Sections 4(i), 4(j) and 403 of the Communications Act of 1934, as amended,
47 U.S.C. §§ 154(i), 154(j) and 403, Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4),
and authority delegated under Sections 0.91 and 0.291 of the Commission’s Rules, 47 C.F.R. §§ 0.91,
0.291,10 and is effective upon its adoption.
FEDERAL COMMUNICATIONS COMMISSION
Julie A. Veach
Chief, Wireline Competition Bureau


10 47 U.S.C. § 155(c).
3

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DA 12-1584

APPENDIX

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

WC Docket No. 12-233
Investigation of Certain 2012 Annual
)
Access Tariffs
)
WCB/Pricing No. 12-09
)
)

PROTECTIVE ORDER

Adopted: October 4, 2012

Released: October 4, 2012

By the Chief, Wireline Competition Bureau:
1. In this Protective Order, the Wireline Competition Bureau (“Bureau”) adopts procedures for
filing proprietary or confidential information and to provide limited access to such information filed in
these proceedings. While the Bureau is mindful of the sensitive nature of such filings, it is also mindful of
the right of the public to participate in these proceedings in a meaningful way. The Bureau therefore will
make proprietary or confidential information filed in these proceedings available to participants in these
proceedings, but limit such access to their Counsel, Authorized Representatives and Outside Consultants
whom they retain to assist them in this proceeding, and employees of such Counsel and Outside
Consultants. The Bureau concludes that the procedures adopted in this Protective Order give appropriate
access to the public while protecting proprietary and confidential information from improper disclosure,
and that the procedures thereby serve the public interest. This Protective Order does not constitute a
resolution of the merits concerning whether any information submitted under this Protective Order would
be released publicly by the Commission upon a proper request under the Freedom of Information Act
(FOIA) or otherwise.
2. Carriers and other interested parties that seek access to proprietary or confidential
information filed in this proceeding must follow the procedures adopted in this Protective Order. The
Bureau’s Pricing Policy Division previously directed parties requesting access to confidential data filed in
the 2012 annual access charge tariff filing to follow the procedures set forth in a protective order provided
with a Public Notice released on June 5, 2012.1 The Commission recently modified its standard
protective order language to address various issues encountered protecting proprietary and confidential


1 See Announcing Procedures for Filing and Obtaining Confidential Information for Annual Access Charge Tariff
Filing and Corrections to TRP Intrastate Eligible Recovery Worksheet for Rate-of-Return Carriers and Long Form
TRP for Price Cap Carriers
, WCB/Pricing File No. 12-08, Public Notice, 27 FCC Rcd 6066, 6066 (Wireline Comp.
Bur. 2012) (2012 Access Tariff Public Notice); id. at 6068-72, Attach. A (Protective Order).
1

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information and adopts this Protective Order to take account of those changes.2 For purposes of these
proceedings,3 this Protective Order supersedes the protective order carriers were directed by the
Commission to use in the 2012 Access Tariff Public Notice,4 but does not change the proprietary or
confidential treatment of documents and other materials already submitted under that order.
3. Definitions. As used herein, capitalized terms not otherwise defined in this Protective Order
shall have the following meanings:
“Acknowledgement” means the Acknowledgement of Confidentiality attached as Appendix A
hereto.
“Authorized Representative” means specified persons, including employees of parties to this
proceeding, 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 persons involved in Competitive Decision-Making shall be prohibited.
“Competitive Decision-Making” means that a person’s activities, association, or relationship with
any party to this proceeding or any of its clients involve advice about or participation in the relevant
business decisions or the analysis underlying the relevant business decisions of that party or client in
competition with or 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 FOIA and the Commission’s implementing rules.
“Counsel” means In-House Counsel and Outside Counsel of Record.
“In-House Counsel” means an attorney employed by a party to 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.
“Outside Counsel of Record” or “Outside Counsel” means the attorney(s), firm(s) of attorneys, or
sole practitioner(s), as the case may be, representing a party 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 party 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 Counsel
or a party 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-


2 For example, current protective orders explicitly provide that outside counsel of record can only obtain access to
confidential information if they are not involved in competitive decision-making. See, e.g., Developing a Unified
Intercarrier Compensation Regime; Establishing Just and Reasonable Rates for Local Exchange Carriers; Connect
America Fund; High-Cost Universal Service Support; A National Broadband Plan for Our Future,
CC Docket No.
01-92, WC Docket Nos. 07-135, 10-90, 05-337, GN Docket 09-51, Protective Order, 25 FCC Rcd 13160, 13160-61,
para. 3 (2010) (defining “Outside Counsel of Record”); Applications of Comcast Corporation, General Electric
Company and NBC Universal, Inc. for Consent to Assign Licenses or Transfer Control of Licensees,
MB Docket 10-
56, Protective Order, 25 FCC Rcd 2133, 2134, para. 4 (2010) (defining “Outside Counsel of Record”).
3 See Investigation of Certain 2012 Annual Access Tariffs, WC Docket No. 12-233, WCB/Pricing No. 12-09, Order
Designating Issues for Investigation, DA 12-1430 (Wireline Comp. Bur., rel. Aug. 31, 2012) (2012 Access Tariff
Designation Order
).
4 2012 Access Tariff Public Notice, 27 FCC Rcd at 6068-72, Attach. A.
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DA 12-1584

commercial party in this proceeding, provided that such consultant or expert is not involved in
Competitive Decision-Making.
“Redacted Confidential Document” means a copy of a Stamped Confidential Document where
the Confidential Information has been redacted.
“Reviewing Party” means a person who has obtained access to Confidential Information
(including Stamped Confidential Documents) pursuant to paragraphs 6 or 9 of this 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 PROTECTIVE ORDER IN WC DOCKET NO. 12-233,
WCB/PRICING NO. 12-09 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION,” unless
the Commission determines, sua sponte or by request pursuant to sections 0.459 or 0.461 of its rules, that
any such document is not entitled to confidential treatment. The term “document” means any written,
recorded, electronically stored, or graphic material, whether produced or created by the Submitting Party
or another person. By designating a document a “Stamped Confidential Document,” a Submitting Party
signifies and represents that it contains Confidential Information.
“Submitting Party” means a person or entity that submits a Stamped Confidential Document.
4. Effect of Designation of Information as Confidential. By designating documents and
information as Confidential under this 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.5 Any person wishing to challenge the designation of a document or portion of a
document as 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.6 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.7 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 a proper request under our rules implementing the
Freedom of Information Act (FOIA).8
5. Submission of Stamped Confidential Documents. A Submitting Party shall submit to the
Secretary’s Office one copy of each Stamped Confidential Document it wishes to file with an
accompanying cover letter and two copies of the Redacted Confidential Document with an accompanying
cover letter. Further, each Redacted Confidential Document and accompanying cover letter must be filed
electronically in WC Docket No. 12-233 using the Commission’s Electronic Comment Filing System
(ECFS).9 Each page of the Stamped Confidential Document shall be stamped “CONFIDENTIAL
INFORMATION – SUBJECT TO PROTECTIVE ORDER IN WC DOCKET NO. 12-233,
WCB/PRICING NO. 12-09 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION.” The


5 See 47 C.F.R. §§ 0.459(a), 0.459(a)(3).
6 See 47 C.F.R. § 0.459(b).
7 See 47 C.F.R. § 0.459(g).
8 See 47 C.F.R. §§ 0.459(h), 0.461.
9 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998) (ECFS R&O).
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accompanying cover letter also shall contain this legend. Each Redacted Confidential Document shall
have the same pagination as the Stamped Confidential Document from which it is derived. Each page of
the Redacted Confidential Document and the accompanying cover letter shall be stamped “REDACTED
– FOR PUBLIC INSPECTION.” To the extent that any page of a filing contains both Confidential
Information and non-confidential information, only the Confidential Information may be redacted and the
page of the unredacted filing shall clearly distinguish the Confidential Information from the non-
confidential information. In addition, an electronic version of each Stamped Confidential Document and
the accompanying cover letter must be delivered to Robin Cohn, Pricing Policy Division, Wireline
Competition Bureau, Federal Communications Commission. Please contact Robin Cohn at (202) 418-
1520 (voice) or via email at Robin.Cohn@fcc.gov if additional information is needed. Electronic
versions of tables, Tariff Review Plan (TRP) forms and other spreadsheets containing Confidential
Information must be provided to Commission staff in Microsoft® Excel compatible electronic spreadsheet
format and must include any mathematical formulas that are used.
6. Procedure for Obtaining Access to Confidential Information. Access to Stamped
Confidential Documents and Confidential Information is limited to Counsel, Authorized Representatives
and Outside Consultants, and those employees of a party to this proceeding, Counsel and Outside
Consultants described in paragraph 9. Any person seeking access to Stamped Confidential Documents
and Confidential Information subject to this Protective Order shall sign and date the Acknowledgment
agreeing to be bound by the terms and conditions of the Protective Order and file the Acknowledgment
with the Bureau, on behalf of the Commission. Such person shall also serve a copy of the
Acknowledgment 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
Stamped Confidential Documents or Confidential Information, except that, where the person seeking
access is one described in either clause 1 or 2 of paragraph 9, the Acknowledgment shall be delivered
promptly prior to the person’s obtaining access. Each Submitting Party shall have an opportunity to
object to the disclosure of its Stamped Confidential Documents or Confidential Information to any such
person. A Submitting Party must file any such objection at the Commission and serve it on Counsel
representing, retaining or employing such person 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 9, file and serve such objection as promptly as practicable after receipt of the
Acknowledgment). Further, if a Submitting Party files additional Confidential Documents, it must file
any objection to the disclosure of those additional Confidential Documents to any Reviewing Party before
or contemporaneous with filing those documents. 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 Stamped Confidential Documents or Confidential Information.
7. Review of Stamped Confidential Documents. A Submitting Party shall make available for
review the Stamped Confidential Documents of such party at the offices of the party’s Outside Counsel of
Record or, if the Submitting Party does not have Outside Counsel of Record, at the offices of such party’s
In-House Counsel. 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 6. 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 18.
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8. Use of Confidential Information. Persons obtaining access to Confidential Information
(including Stamped Confidential Documents) under this Protective Order shall use the information solely
for the preparation and conduct of these proceedings before the Commission and any subsequent judicial
proceeding arising directly from these proceedings 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 other administrative, regulatory or judicial proceedings. Should any Bureau
or the Commission rely upon or otherwise make reference to the contents of any of the Stamped
Confidential Documents or Confidential Information in its decisions in these proceedings, it will do so by
redacting any 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
Confidential Information under this Protective Order.
9. Permissible Disclosure. A Reviewing Party may discuss and share the contents of the
Stamped Confidential Documents and Confidential Information with another Reviewing Party and with
the Commission and its staff. A Submitting Party’s Stamped Confidential Documents and Confidential
Information may also be disclosed to employees and Counsel of the Submitting Party. Subject to the
requirements of paragraph 6, a Reviewing Party may disclose Stamped Confidential Documents and
Confidential Information to: (1) paralegals or employees of a Reviewing Party or a party to this
proceeding who are assisting the Reviewing Party in this proceeding by performing clerical or ministerial
functions; 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.
10. Filings with the Commission. A Reviewing Party or a Submitting Party may in any document
that it files in this proceeding disclose 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 Confidential
Information (the “Confidential Filing”) with an accompanying cover letter and two copies of the filing in
redacted form, i.e., containing no Confidential Information (the “Redacted Confidential Filing”) with an
accompanying cover letter. Further, each Redacted Confidential Filing and accompanying cover letter
must be filed electronically in WC Docket No. 12-233 using the Commission’s Electronic Comment
Filing System (ECFS).10 The cover or first page of the Confidential Filing and each page of the
Confidential Filing that contains or discloses Confidential Information must be clearly marked
“CONFIDENTIAL INFORMATION – SUBJECT TO PROTECTIVE ORDER IN WC DOCKET NO.
12-233, WCB/PRICING NO. 12-09 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION.”
The cover letter shall also contain this legend. The Confidential Filing shall be made under seal, and will
not be placed in the Commission’s public file. Each page of 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 Submitting 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 both Confidential Information and non-confidential information, only the Confidential
Information may be redacted and the page of the unredacted Confidential Filing shall clearly distinguish
the Confidential Information from the non-confidential information. In addition, an electronic version of
each Confidential Filing and the accompanying cover letter must be delivered to Robin Cohn, Pricing
Policy Division, Wireline Competition Bureau, Federal Communications Commission. Please contact
Robin Cohn at (202) 418-1520 (voice) or via email at Robin.Cohn@fcc.gov if additional information is
needed. Electronic versions of tables, Tariff Review Plan (TRP) forms and other spreadsheets containing


10 See ECFS R&O, 13 FCC Rcd 11322.
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Confidential Information must be provided to Commission staff in Microsoft® Excel compatible
electronic spreadsheet format and must include any mathematical formulas that are used.
11. Non-Disclosure of Stamped Confidential Documents. Except with the prior written consent
of the Submitting Party, or as provided under this Protective Order, neither a Stamped Confidential
Document nor any Confidential Information may be disclosed further.
12. Protection of Stamped Confidential Documents and Confidential Information. A Reviewing
party shall have the obligation to ensure that access to Stamped Confidential Documents and Confidential
Information is strictly limited as prescribed in this Protective Order. A Reviewing Party shall further
have the obligation to ensure that Stamped Confidential Documents and Confidential Information are
used only as provided in this Protective Order.
13. Requests for Additional Disclosure. If any person requests disclosure of Confidential
Information outside the terms of this Protective Order, such a request will be treated in accordance with
sections 0.442 and 0.461 of the Commission’s rules.
14. Client Consultation. Nothing in this 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 Stamped Confidential Documents or Confidential Information; provided, however, that in
rendering such advice and otherwise communicating with such client, Counsel shall not disclose Stamped
Confidential Documents or Confidential Information.
15. No Waiver of Confidentiality. Disclosure of 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 Information. Reviewing Parties, by viewing this material,
agree: (1) not to assert any such waiver; (2) not to use Confidential Information to seek disclosure in any
other proceeding; and (3) that accidental disclosure of Confidential Information by a Submitting Party
shall not be deemed a waiver of any privilege or entitlement as long as the Submitting Party takes prompt
remedial action.
16. 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 or
Confidential Information that a party has obtained under terms of this Protective Order, such party shall
promptly notify each 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 a full opportunity to oppose such production prior to the production or
disclosure of any Stamped Confidential Document or Confidential Information.
17. Violations of Protective Order. Should a Reviewing Party violate any of the terms of this
Protective Order, such Reviewing Party shall immediately convey that fact to the Commission and to the
Submitting Party. Further, should such violation consist of improper disclosure of 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 Protective
Order, including but not limited to suspension or disbarment of Counsel 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 in equity against any person using Confidential
Information in a manner not authorized by this Protective Order.
18. Termination of Proceeding. The provisions of this Protective Order shall not terminate at the
conclusion of this proceeding. Within two weeks after conclusion of these proceedings and any
administrative or judicial review, or as otherwise directed by the Bureau, Reviewing Parties shall destroy
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or return to the Submitting Party Stamped Confidential Documents and all copies of the same. No
material whatsoever derived from Stamped Confidential Documents may be retained by any person
having access thereto, except Counsel may retain, under the continuing strictures of this 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 Information, and one copy of orders issued by the Commission or Bureau
that contain 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 Confidential
Documents and copies of the same and Confidential Information shall not be construed to apply to the
Commission or its staff.
19. Authority. This Order is issued pursuant to Sections 4(i), 4(j) and 403 of the Communications
Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j) and 403, Section 4 of the Freedom of Information
Act, 5 U.S.C. § 552(b)(4), and authority delegated under Sections 0.91 and 0.291 of the Commission’s
Rules, 47 C.F.R. §§ 0.91, 0.291,11 and is effective upon its adoption.
FEDERAL COMMUNICATIONS COMMISSION
Julie A. Veach
Chief, Wireline Competition Bureau


11 47 U.S.C. § 155(c).
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APPENDIX A

Acknowledgment of Confidentiality

WC Docket No. 12-233; WCB/Pricing No. 12-09

I hereby acknowledge that I have received and read a copy of the foregoing Protective Order in
the above-captioned proceeding, and I understand it.
I agree that I am bound by the Protective Order and that I shall not disclose or use Stamped
Confidential Documents or Confidential Information except as allowed by the Protective Order.
I acknowledge that a violation of the 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 Protective Order is due solely to my capacity as Authorized Representative, Counsel or Outside
Consultant to a party to this proceeding or as a person described in paragraph 9 of the foregoing
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 are not
duplicated except as specifically permitted by the terms of the Protective Order.
I certify that I have verified that there are in place procedures at my firm or office to prevent
unauthorized disclosure of Stamped Confidential Documents and Confidential Information.
Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them
in the Protective Order.
Executed this __ day of _____________, 2012.

_________________________________

[Name]


[Position]

[Firm]
[Telephone]
8

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