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Second Level Protective Order to Access LNPA Proceeding Information

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Released: June 9, 2014
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Federal Communications Commission

DA 14-796

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Petition of Telcordia Technologies, Inc. to Reform

)

WC Docket No. 09-109

or Strike Amendment 70, to Institute Competitive

)

Bidding for Number Portability Administration

)

and to End the NAPM LLC’s Interim Role in

)

Number Portability Administration Contract

)

)

Telephone Number Portability

)

CC Docket No. 95-116

SECOND LEVEL PROTECTIVE ORDER

Adopted:

June 9, 2014

Released: June 9, 2014

By the Chief, Wireline Competition Bureau:

1.

On April 24, 2014, the North American Numbering Council (“NANC”), a federal advisory

committee, submitted its recommendation of a vendor to serve as the next local number portability

administrator (“LNPA”). The existing LNPA contract expires on June 30, 2015. The NANC

recommended the selection of Telcordia Technologies, Inc. d/b/a iconectiv. The NANC submitted its

recommendation1 pursuant to direction from the Wireline Competition Bureau that the NANC

recommend to the Commission one or more independent, non-governmental entities to serve as the next

LNPA (the “NANC Recommendation”).2

2.

The NANC also forwarded, along with its vendor recommendation, reports from the NANC’s

LNPA Selection Working Group and the North American Portability Management LLC’s (“NAPM”)

Future of the Number Portability Administration Center.3 Specifically, the NANC’s recommendation

addressed the following: (1) Which party should be selected as the LNPA; (2) how the LNPA should be

selected, including the methodology and criteria that should be used; (3) the cost differential between

vendor national proposals; and (4) transition costs and risks. In addition to these materials, the Bureau

requested that the NAPM’s Future of the Number Portability Administration Center (“FoNPAC”) file the

bid documents submitted by the vendors and transcripts of meetings between the FoNPAC and the

vendors. Finally, as part of the bidding process, the vendors submitted opinion letters addressing the

1 Letter from Betty Ann Kane, Chairman, North American Numbering Council, to Julie A. Veach, Chief, Wireline

Competition Bureau, Federal Communications Commission, WC Docket No. 09-109, CC Docket 95-116 (dated

Apr. 24, 2014 and filed Apr. 25, 2014) (NANC Apr. 24 Ex Parte Letter).

2 Petition of Telcordia Technologies, Inc. to Reform or Strike Amendment 70, to Institute Competitive Bidding for

Number Portability Administration and to End the NAPM LLC’s Interim Role in Number Portability Administration

Contract; Telephone number Portability, Order and Request for Comment, WC Docket No. 09-109, CC Docket No.

95-116, 26 FCC Rcd 3685 (2011).

3 The NAPM is an industry consortium, and the Future of the Number Portability Administration Centeris a NAPM

subcommittee charged with overseeing the vendor selection process on behalf of the NAPM.

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DA 14-796

vendors’ compliance with the requirements for neutral administration of the local number portability

database. These materials, which include technical, pricing, and other proprietary information, were

submitted as confidential information, subject to protection under section 0.459.4

3.

In this Second Level Protective Order, we adopt procedures to provide limited access to

certain particularly competitively sensitive information that has been or will be filed in this proceeding,

which, if released to competitors or those with whom the Submitting Party does business, would allow

those persons to gain a significant competitive advantage or an advantage in negotiations. Such

information will be necessary to develop a more complete record on which to base the Commission’s

decision. While we are mindful of the highly sensitive nature of such information, we are also mindful of

the desire of the public to participate in this proceeding in a meaningful way. 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 employees of

such Outside Counsel and Outside Consultants. We conclude that the procedures we adopt in this Second

Level Protective Order give appropriate access to the public while protecting particularly competitively

sensitive information from improper disclosure, and that the procedures thereby serve the public interest.

4.

Definitions. As used herein, capitalized terms not otherwise defined in this Second Level

Protective Order shall have the following meanings:

“Acknowledgment” means the Acknowledgment of Confidentiality attached as Appendix B

hereto.

“Competitive Decision-Making” means a person’s activities, association, or relationship with any

of its 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.

“Document” means any written, recorded, electronically stored, or graphic material, whether

produced or created by the Submitting Party or another person.

“Highly Confidential Information” means information that is not otherwise available from

publicly available sources; that the Submitting Party has kept strictly confidential; that is subject to

protection under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and the Commission’s

implementing rules; that the Submitting Party claims constitutes sensitive business data which, if released

to the other Participants, would allow those persons to gain a significant advantage in the marketplace or

in negotiations; and that it is described in Appendix A to this Second Level Protective Order, as the same

may be amended from time to time.

“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.

4 47 C.F.R. § 0.459.

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“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 Highly Confidential Document” means a copy of a Stamped Highly Confidential

Document where the Highly Confidential Information has been redacted.

“Reviewing Party” means a person who has obtained access to Highly Confidential Information

(including Stamped Highly Confidential Documents) pursuant to paragraphs 9 or 13 of this Second Level

Protective Order.

“Stamped Highly Confidential Document” means any document, or any part thereof, that contains

Highly Confidential Information and that bears the legend (or which otherwise shall have had the legend

recorded upon it in a way that brings its attention to a reasonable examiner) “HIGHLY CONFIDENTIAL

INFORMATION – SUBJECT TO SECOND LEVEL PROTECTIVE ORDER IN WC DOCKET NO. 09-

109 & CC DOCKET NO. 95-116 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION,”

unless the Commission determines, sua sponte or by request pursuant to paragraph 6 of this Second Level

Protective Order or sections 0.459 or 0.461 of the Commission’s rules, that any such document is not

entitled to highly 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 Highly Confidential Document,” a Submitting Party

signifies and represents that it contains Highly Confidential Information.

“Submitting Party” means a person or entity who submits a Stamped Highly Confidential

Document.

5.

Designation of Information as Highly Confidential. The documents set forth or otherwise

described on Exhibit A are hereby designated as Highly Confidential. Other than the documents

described on Exhibit A, before a Submitting Party may designate documents and information as Highly

Confidential, it must receive the written approval of the Commission staff, which, based on the

Submitting Party’s representations, will make a preliminary determination whether the proposed

designation meets the requirements set forth in this Second Level Protective Order. A Submitting Party

may designate as Highly Confidential only that information described in Appendix A to this Second

Level Protective Order, as the same may be amended from time to time. If a Submitting Party believes

that the existing list of descriptions contained in Appendix A should be revised, the Submitting Party shall

submit a request to amend Appendix A along with a supporting explanation. If the request is granted, in

whole or in part, an amended Appendix A will be issued.

6.

Effect of Designation. By designating documents and information as Highly Confidential

under this Second Level 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 Highly

Confidential must file such a challenge at the Commission and serve it on the Submitting Party. The

Submitting Party must file any reply within three 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

5 See 47 C.F.R. §§ 0.459(a), 0.459(a)(3).

6 See 47 C.F.R. § 0.459(b).

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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

FOIA.8

7.

Submission of Stamped Highly Confidential Documents. A Submitting Party shall submit to

the Secretary’s Office one copy of each Stamped Highly Confidential Document it wishes to file and an

accompanying cover letter. Each page of the Stamped Highly Confidential Document shall be stamped

“HIGHLY CONFIDENTIAL INFORMATION – SUBJECT TO SECOND LEVEL PROTECTIVE

ORDER IN WC DOCKET NO. 09-109 & CC DOCKET NO. 95-116 BEFORE THE FEDERAL

COMMUNICATIONS COMMISSION.” The cover letter also shall contain this legend. In addition,

with respect to each Stamped Highly Confidential Document submitted, each Submitting Party shall also

file through the Commission’s Electronic Comment Filing System (“ECFS”) a copy of the respective

Redacted Highly Confidential Document and an accompanying cover letter. Each Redacted Highly

Confidential Document shall have the same pagination as the Stamped Highly Confidential Document

from which it is derived. Each page of the Redacted Highly Confidential Document and the

accompanying cover letter shall be stamped “REDACTED – FOR PUBLIC INSPECTION.” To the

extent that any page of the filing contains both Highly Confidential Information and non-confidential

information, only the Highly Confidential Information may be redacted and the page of the unredacted

filing shall clearly distinguish among the Highly Confidential Information and the non-confidential

information. In addition, two copies of each Stamped Highly Confidential Document and the

accompanying cover letter must be delivered, as directed by Commission staff to Sanford Williams,

Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445

12th Street, SW, Room 5-C217 Washington, DC 20554; email: Sanford.Williams@fcc.gov, phone: (202)

418-1508.

8.

Copying Sensitive Documents. If, in the reasonable judgment of the Submitting Party, a

document contains information so sensitive that copying of it should be restricted, the Submitting Party

may mark the document with the legend “Additional Copying Restricted.” Each Outside Firm shall

receive only one copy of the document and no more than two additional copies, in any form, shall be

made. Application for relief from this restriction against further copying may be made to the

Commission, with notice to Outside Counsel of Record for the Submitting Party, which will be granted

only for cause.

9.

Procedure for Obtaining Access to Stamped Highly Confidential Documents and Highly

Confidential Information. Access to Stamped Highly Confidential Documents and Highly Confidential

Information is limited to Outside Counsel of Record, Outside Consultants, and those employees of

Outside Counsel and Outside Consultants described in paragraph 13. Any person seeking access to

Stamped Highly Confidential Documents and Highly Confidential Information subject to this Second

Level Protective Order shall sign and date the Acknowledgment agreeing to be bound by the terms and

conditions of this Second Level Protective Order; and file the Acknowledgment with the Bureau, on

behalf of the Commission. Where the person seeking access is Outside Counsel or an Outside

Consultant, a copy of the Acknowledgment shall be served upon the relevant Submitting Party through its

Counsel of Record so that it is received at least three business days prior to such person’s reviewing or

having access to the Submitting Party’s Stamped Highly Confidential Documents or Highly Confidential

Information; where the person seeking access is one described in either clause 1 or 2 of paragraph 13, the

Acknowledgment shall be served upon the Submitting Party promptly prior to the person’s obtaining

7 See 47 C.F.R. § 0.459(g).

8 See 47 C.F.R. §§ 0.459(h), 0.461.

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access.

Where there are multiple Submitting Parties, a copy of the Acknowledgment must be served on

each Submitting Party within the time periods stated above. Each Submitting Party shall have an

opportunity to object to the disclosure of its Stamped Highly Confidential Documents or Highly

Confidential Information to any such person.

A Submitting Party must file any such objection at the

Commission and serve it on Outside 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 13, file and serve such objection as promptly as

practicable after receipt of the Acknowledgment).

Further, if a Submitting Party files additional Highly

Confidential Documents, it must file any objection to the disclosure of those additional Highly

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 relevant Stamped Highly Confidential

Documents or Highly Confidential Information.

10. Review of Stamped Highly Confidential Documents. A Submitting Party shall make available

for review the Stamped Highly Confidential Documents of such party at the offices of the party’s Outside

Counsel of Record. Subject to the terms of paragraph 8, 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 three-day period referred to in paragraph 9. 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 22.

11. Review of Highly Confidential Information in Electronic Format. A Submitting Party shall

make available to a Reviewing Party one copy of Highly Confidential Information contained, recorded, or

electronically stored on a CD-ROM, DVD, flash drive, portable hard drive or similar electronic storage

device, which shall be considered a Stamped Highly Confidential Document. The disk or other medium

containing the information in electronic format should be physically sent to the Reviewing Party; a

Reviewing Party may not require that it be transmitted electronically. A Reviewing Party may

temporarily load onto a computer the information in electronic format. Once loaded onto a computer, any

files containing Highly Confidential Information shall be password protected immediately. The Highly

Confidential Information may 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

Highly Confidential Information) to a mobile data storage medium, which, if it contains Highly

Confidential Information, shall be treated as a Stamped Highly Confidential Document and so marked.

All files containing Highly Confidential Information shall be deleted from the computer as soon as

practicable. The original disk or other storage medium shall be stored securely and a record kept of any

persons given access to it.

12. Use of Highly Confidential Information. Persons obtaining access to Highly Confidential

Information (including Stamped Highly Confidential Documents) under this Second Level 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

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any of the Stamped Highly Confidential Documents or Highly Confidential Information in its decision in

this proceeding, it will do so by redacting any Highly 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 Highly Confidential Information under this Second Level Protective Order.

13. Permissible Disclosure. A Reviewing Party may discuss and share the contents of the

Stamped Highly Confidential Documents and Highly Confidential Information with another Reviewing

Party and with the Commission and its staff. A Submitting Party’s Stamped Highly Confidential

Documents and Highly Confidential Information may also be disclosed to employees and Counsel of the

Submitting Party. Subject to the requirements of paragraph 9, a Reviewing Party may disclose Stamped

Highly Confidential Documents and Highly Confidential Information to: (1)

paralegals or other

employees of such Reviewing Party assisting them in this proceeding; and (2) employees of third-party

contractors involved solely in one or more aspects of organizing, filing, coding, converting, storing, or

retrieving documents or data or designing programs for handling data connected with this proceeding, or

performing other clerical or ministerial functions with regard to documents connected with this

proceeding.

14. Filings with the Commission. A Reviewing Party or a Submitting Party may in any document

that it files in this proceeding disclose Highly 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

Highly Confidential Information (the “Highly Confidential Filing”) and an accompanying cover letter.

The cover or first page of the Highly Confidential Filing and each page of the Highly Confidential Filing

that contains or discloses Highly Confidential Information must be clearly marked “HIGHLY

CONFIDENTIAL INFORMATION – SUBJECT TO SECOND LEVEL PROTECTIVE ORDER IN WC

DOCKET NO. 09-109 & CC DOCKET NO. 95-116 BEFORE THE FEDERAL COMMUNICATIONS

COMMISSION.” The cover letter shall also contain this legend. The Highly Confidential Filing shall be

made under seal, and will not be placed in the Commission’s public file. The party shall submit a copy of

the filing in redacted form, i.e., containing no Confidential or Highly Confidential Information (the

“Redacted Highly Confidential Filing”) to the Commission via ECFS.9 The Redacted Highly

Confidential Filing and the accompanying cover letter shall be stamped “REDACTED – FOR PUBLIC

INSPECTION.” The cover letter accompanying the Redacted Highly Confidential Filing shall state that

the party is filing a redacted version of the filing. Each Redacted Highly Confidential Filing shall have

the same pagination as the Highly Confidential Filing from which it is derived. To the extent that any

page of the Highly Confidential Filing contains Highly Confidential Information, only the Highly

Confidential Information may be redacted and the page of the unredacted Highly Confidential Filing shall

clearly distinguish between the Highly Confidential Information and the non-confidential information.

Two copies of each Highly Confidential Filing and the accompanying cover letter must be delivered, as

directed by Commission staff, to Sanford Williams, Competition Policy Division, Wireline Competition

Bureau, Federal Communications Commission, 445 12th Street, SW, Room 5-C217 Washington, DC

20554; email: Sanford.Williams@fcc.gov, phone: (202) 418-1508, and one copy must be served on the

relevant Submitting Party. Parties should not provide courtesy copies of pleadings containing Highly

Confidential Information to Commission staff unless the Bureau so requests, and any such courtesy

copies shall be submitted under seal.

15. Non-Disclosure of Stamped Highly Confidential Documents and Highly Confidential

Information. Except with the prior written consent of the Submitting Party or as provided under this

9 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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Second Level Protective Order, Stamped Highly Confidential Documents and Highly Confidential

Information may not be disclosed further.

16. Protection of Stamped Highly Confidential Documents and Highly Confidential

Information.

A Reviewing Party shall have the obligation to ensure that access to Stamped Highly

Confidential Documents and Highly Confidential Information is strictly limited as prescribed in this

Second Level Protective Order.

A Reviewing Party shall further have the obligation to ensure

that Stamped Highly Confidential Documents and Highly Confidential Information are used only as

provided in this Second Level Protective Order.

17. Requests for Additional Disclosure. If any person requests disclosure of Highly Confidential

Information outside the terms of this Second Level Protective Order, such a request will be treated in

accordance with sections 0.442 and 0.461 of the Commission’s rules.

18. Client Consultation. Nothing in this Second Level 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 Stamped Highly Confidential Documents or Highly Confidential

Information; provided, however, that in rendering such advice and otherwise communicating with such

client, Outside Counsel shall not disclose Stamped Highly Confidential Documents or Highly

Confidential Information.

19. No Waiver of Confidentiality. Disclosure of Highly Confidential Information as provided

herein by any person shall not be deemed a waiver by any Submitting Party of any privilege or

entitlement to confidential treatment of such Highly Confidential Information. Reviewing Parties, by

viewing this material, agree:

(1) not to assert any such waiver; (2) not to use Highly Confidential

Information to seek disclosure in any other proceeding; and (3) that accidental disclosure of Highly

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.

20. 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 Highly Confidential Documents or

Highly Confidential Information that a party has obtained under terms of this Second Level 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 Highly Confidential Document or Highly Confidential

Information.

21. Violations of Second Level Protective Order. Should a Reviewing Party violate any of the

terms of this Second Level 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 Highly Confidential Information, the violating person shall take all necessary steps to

remedy the improper disclosure. The Commission retains its full authority to fashion appropriate

sanctions for violations of this Second Level Protective Order, including but not limited to suspension or

disbarment of Outside Counsel or Outside Consultants from practice before the Commission, forfeitures,

cease and desist orders, and denial of further access to Highly Confidential Information in this or any

other Commission proceeding.

Nothing in this Second Level Protective Order shall limit any other rights

and remedies available to the Submitting Party at law or in equity against any person using Highly

Confidential Information in a manner not authorized by this Second Level Protective Order.

22. Termination of Proceeding. The provisions of this Second Level Protective Order shall not

terminate at the conclusion of this proceeding. Within two weeks after conclusion of this proceeding and

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any administrative or judicial review, Reviewing Parties shall destroy or return to the Submitting Party

Stamped Highly Confidential Documents and all copies of the same. No material whatsoever derived

from Stamped Highly Confidential Documents may be retained by any person having access thereto,

except Outside Counsel may retain, under the continuing strictures of this Second Level 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 Highly Confidential Information, and one copy of orders issued by the Commission or

Bureau that contain Highly Confidential Information. All Outside 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 Highly Confidential Documents and copies of the same and Highly Confidential Information

shall not be construed to apply to the Commission or its staff.

23. Questions. Substantive questions concerning this Protective Order should be addressed to

Sanford Williams, Competition Policy Division, Wireline Competition Bureau, Federal Communications

Commission, 445 12th Street, SW, Room 5-C217, Washington, DC 20554; email: Sanford.

Williams@fcc.gov, phone: (202) 418-1508.

24. 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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APPENDIX A

Highly Confidential Information and Documents

As specified in paragraphs 4 and 5 of the Second Level Protective Order, only information and

documents set forth in this Appendix and that otherwise meet the definition of Highly Confidential

Information or Highly Confidential Documents may be designated as Highly Confidential. This

Appendix will be updated as necessary.

1.

The NANC Recommendation.

2.

The reports described or referred to in paragraph 2 of the Second Level Protective Order.

3.

The bid documents submitted by the vendors.

4.

Transcripts of meetings between the Future of the Number Portability Administration

Center and the vendors.

5.

The legal opinion letters and supplements thereto, submitted by the vendor’s counsel

addressing the vendors’ compliance with the requirements for neutral administration of the

local number portability database.

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APPENDIX B

Acknowledgment of Confidentiality

WC Docket No. 09-109

CC Docket No. 95-116

I hereby acknowledge that I have received and read a copy of the foregoing Second Level

Protective Order in the above-captioned proceeding, and I understand it.

I agree that I am bound by the Second Level Protective Order and that I shall not disclose or use

Stamped Highly Confidential Documents or Highly Confidential Information except as allowed by the

Second Level Protective Order.

I acknowledge that a violation of the Second Level 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 the Second Level Protective Order, including

but not limited to suspension or disbarment of Outside Counsel or Outside Consultants from practice

before the Commission, forfeitures, cease and desist orders, and denial of further access to Highly

Confidential Information in this or any other Commission proceeding.

I acknowledge that nothing in the Second Level Protective Order limits any other rights and

remedies available to a Submitting Party at law or in equity against me if I use Highly Confidential

Information in a manner not authorized by the Second Level 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 Second Level Protective Order is due solely to my capacity as Outside Counsel or Outside

Consultant to a party or as a person described in paragraph 13 of the foregoing Second Level 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 Highly Confidential Documents are

not duplicated except as specifically permitted by the terms of the Second Level Protective Order and to

ensure that there is no disclosure of Stamped Highly Confidential Documents or Highly Confidential

Information in my possession or in the possession of those who work for me, except as provided in the

Second Level 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 Highly Confidential Documents and Highly Confidential

Information.

Capitalized terms used herein shall have the meanings ascribed to them in the Second Level

Protective Order.

Executed this ___ day of _____________, 2014.

_________________________________

[Name]

[Position]

[Firm]

[Telephone]

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