******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Transaction Network Services, Inc., ) ) Complainant,) ) v. ) File No. E-98-03 ) AT&T Corp., ) ) Defendant. ) ORDER Adopted: May 26, 1998 ; Released: May 28, 1998 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. By an Order released on February 5, 1998 (DA 98-205), the Commission adopted the parties' negotiated Confidentiality Agreement ("Agreement" or "Protective Order") executed on January 9, 1998, regarding treatment of confidential material exchanged during the course of discovery in the above-captioned proceeding. Subsequently, the parties have executed an amendment to the Agreement on May 15, 1998 ("Amendment to Protective Order" or "Amendment"), by adding two additional paragraphs to the agreement, which provide, according to the parties, additional or broader protection for the confidential and sensitive proprietary information being exchanged in the course of discovery in this proceeding. Pursuant to Sections 0.459 and 1.727(a) of the Commission's rules, 47 C.F.R.  0.459, 1.727(a), the parties now request the Commission to enter an order accepting the amendment to their agreement. 2. After due consideration, we are persuaded that the public interest would be served by adopting the Amendment to the Protective Order, a copy of which is appended hereto. The amendment is consistent with Section 1.731 of the Commission's rules, 47 C.F.R.  1.731, and should facilitate the orderly exchange of relevant information in this proceeding. 3. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), and the authority delegated by Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that the parties' joint request for acceptance of the Amendment to Protective Order appended hereto IS GRANTED. Nothing in this Order, the Confidentiality Agreement, or the Amendment to Protective Order appended hereto, shall restrict the Commission's authority to use information or materials obtained in the course of this proceeding. 4. IT IS FURTHER ORDERED that this ORDER shall be effective upon adoption. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau