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Protective Order For Verizon Fire Island Discontinuance

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Released: August 14, 2013

Federal Communications Commission

DA 13-1756

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Section 63.71 Application of Verizon New York
) WC Docket No. 13-150
Inc. and Verizon New Jersey Inc. for Authority
)
Pursuant to Section 214 of the Communications
) Comp. Pol. File No. 1115
Act of 1934, as Amended to Discontinue the
)
Provision of Service
)

PROTECTIVE ORDER

Adopted: August 14, 2013


Released: August 14, 2013

By the Chief, Wireline Competition Bureau:
1. On June 7, 2013, Verizon New Jersey Inc. and Verizon New York Inc. (collectively, Verizon)
filed an application requesting authority under section 214 of the Communications Act of 1934, as
amended, 47 U.S.C. 214, and section 63.71 of the Federal Communications Commission's
(Commission) rules, 47 C.F.R. 63.71, to discontinue certain domestic telecommunications services in
certain parts of New Jersey and New York affected by Hurricane Sandy.1 On June 28, 2013, the Wireline
Competition Bureau (Bureau) sought comment on Verizon's application.2
2. To facilitate the Bureau's evaluation of Verizon's application, Verizon and others (each a
Submitting Party) may submit documents in this proceeding that contain proprietary or confidential
information.3 In this Protective Order, we adopt procedures to limit access to proprietary or confidential
information that may be filed in this proceeding. We anticipate that such information may 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. We therefore will make such information available to participants in
this proceeding, but only pursuant to a protective order. We conclude that the procedures we adopt 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
3. Definitions. As used herein, capitalized terms not otherwise defined in this Protective Order
shall have the following meanings:


1 Letter from Frederick E. Moacdieh, Executive Director Federal Regulatory Affairs, Verizon, to Marlene H.
Dortch, Secretary, Federal Communications Commission, Attach. (filed June 7, 2013) (Verizon Application),
available at http://apps.fcc.gov/ecfs/document/view?id=7022424983.
2 Comments Invited on Application of Verizon New Jersey Inc. and Verizon New York Inc. to Discontinue Domestic
Telecommunications Services
, WC Docket No. 13-150, Comp. Pol. File No. 1115, Public Notice, 28 FCC Rcd 9198
(Wireline Comp. Bur. 2013).
3 See, e.g., Letter from Joseph A. Post, Deputy General Counsel New York, Verizon, to Donna Giliberto, Records
Access Office, New York State Department of Public Service, Case 13-C-0197 (filed June 17, 2013), available at
http://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={132837A3-50A3-4DF0-ACE7-
A78EAD7E63D7} (seeking confidential treatment for certain data responses); see also 47 C.F.R. 0.457, 0.459.

Federal Communications Commission

DA 13-1756

"Acknowledgment" means the Acknowledgment of Confidentiality attached as Appendix A.
"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.
"Document" means any written, recorded, electronically stored, or graphic material, whether
produced or created by the Submitting Party or another person. For the sake of clarity, the term
"document" includes responses created and submitted to the Commission electronically.
"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, material
comments in this proceeding.
"Redacted Confidential Document" means a copy of a Stamped Confidential Document where
the Confidential Information has been redacted.
"Reviewing Party" means a person or entity 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. 13-150 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. 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 who submits a Stamped Confidential Document.
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DA 13-1756

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.4 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.5 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.6 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).7
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, two copies of the
Stamped Confidential Document in redacted form and an accompanying cover letter. Each page of the
Confidential Filing shall be stamped "CONFIDENTIAL INFORMATION--SUBJECT TO
PROTECTIVE ORDER IN WC DOCKET NO. 13-150 BEFORE THE FEDERAL
COMMUNICATIONS COMMISSION." The cover letter shall also contain this legend. Each Redacted
Confidential Document shall have the same pagination as the Stamped Confidential Document from
which it is derived. The two copies of the Redacted Confidential Document and the accompanying cover
letter shall be stamped "REDACTED FOR PUBLIC INSPECTION." 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 filing shall clearly distinguish
the Confidential Information from the non-confidential information. In addition, two copies of each
Stamped Confidential Document and the accompanying cover letter must be delivered in person to
Natividad Persaud, Natividad.Persaud@fcc.gov, Competition Policy Division, Wireline Competition
Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 5-C347, Washington, D.C.
20554.
6. Procedures for Obtaining Access to Stamped Confidential Documents. 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, filed and serve such objection as promptly as


4 See 47 C.F.R. 0.459(a), 0.459(a)(3).
5 See 47 C.F.R. 0.459(b).
6 See 47 C.F.R. 0.459(g).
7 See 47 C.F.R. 0.459(h), 0.461.
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DA 13-1756

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.
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 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 other administrative, regulatory or judicial proceedings. Should the
Commission rely upon or otherwise make reference to the contents of any of the Stamped Confidential
Documents or Confidential Information in its decision in this proceeding, 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 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.
10. Filings with the Commission. A Reviewing Party or a Submitting Party may disclose
Confidential Information in any document that it files in this proceeding (e.g., comments) 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") 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 Confidential Information must be clearly marked "CONFIDENTIAL INFORMATION
SUBJECT TO PROTECTIVE ORDER IN WC DOCKET NO. 13-150 BEFORE THE FEDERAL
COMMUNICATIONS COMMISSION." The cover letter shall also contain this legend. The
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Federal Communications Commission

DA 13-1756

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 Information (the
"Redacted Confidential Filing"), to the Commission via ECFS.8 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 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. Two copies of each Confidential
Filing and the accompanying cover letter also must be delivered, as directed by Commission staff, to
Natividad Persaud, Natividad.Persaud@fcc.gov, Competition Policy Division, Wireline Competition
Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 5-C347, Washington, D.C.
20554, and one copy must be served on each relevant Submitting Party. Parties should not provide
courtesy copies of pleadings containing Confidential Information to Commission staff unless the Bureau
so requests, and any such courtesy copies shall be submitted under seal.
11. Non-Disclosure of Stamped Confidential Documents. Except with the prior written consent
of the Submitting Party or as provided under this Protective Order or a subsequent Commission order,
Stamped Confidential Documents and Confidential Information may not 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 or orders production of Stamped Confidential Documents or Confidential


8 If a party is not able to submit a copy of the Redacted Confidential Filing via ECFS, it must submit two copies of
the Redacted Confidential Filing to the Secretary's Office along with the appropriately stamped cover letter, as
described in this paragraph.
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DA 13-1756

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 or Outside Consultants 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 this proceeding and any
administrative or judicial review, Reviewing Parties shall destroy 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) containing Confidential Information prepared in whole or in part by that
party, and one copy of orders issued by the Commission or Bureau containing Confidential Information.
All Counsel shall certify compliance with these terms and shall deliver such certification to Outside
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 same
shall not be construed to apply to the Commission or its staff.
19. Authority. This Order is issued pursuant to sections 4(i), 201, and 202 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 201, and 202, section 4 of the Freedom
of Information Act, 5 U.S.C. 552(b)(4), and authority delegated under section 0.291 of the
Commission's rules, 47 C.F.R. 0.291, and is effective upon its adoption.
FEDERAL COMMUNICATIONS COMMISSION
Julie A. Veach
Chief
Wireline Competition Bureau
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Federal Communications Commission

DA 13-1756

APPENDIX A

Acknowledgment of Confidentiality

WC Docket No. 13-150

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 further acknowledge that 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 or Consultants 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.
I acknowledge that nothing in the Protective Order limits any other rights and remedies available
to a Submitting Party at law or in equity against me if I use Confidential Information in a manner not
authorized by this 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 Protective Order is due solely to my capacity as Outside Counsel or Outside Consultant to a party
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, and to ensure that there is
no disclosure of Stamped Confidential Documents or Confidential Information in my possession or in the
possession of those who work for me 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 shall have the meanings ascribed to them in the Protective Order.
Executed this ___ day of _____________, 20__.

_________________________________


[Name]

[Position]

[Firm]
[Telephone]
7

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