******************************************************** 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. ***************************************************************** DA 98-1389 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 94-97 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Virtual Collocation ) for Special Access and Switched Transport) ) Southwestern Bell Telephone Company, ) FOIA Control Nos. Requests for Inspection of Records ) 94-310, 325, 328 ) Southwestern Bell Telephone Company, ) Cost Support Filed under Request for ) Confidential Treatment ) ) Cincinnati Bell Telephone Company, ) FOIA Control Nos. Requests for Inspection of Records, ) 95-149, 223 Applications for Review ) ) Cincinnati Bell Telephone Company, ) Cost Support Filed under Request for ) Confidential Treatment ) ) The Ameritech Operating Companies, ) Cost Support Filed under Request for ) Confidential Treatment ) ORDER Adopted: July 10, 1998 Released: July 13, 1998 By the Chief, Common Carrier Bureau: I. Introduction 1. Southwestern Bell Telephone Company (SWB), Cincinnati Bell Telephone Company (CBT), and the Ameritech Operating Companies (Ameritech) have filed requests for confidential treatment of certain cost support data submitted in the virtual collocation tariff investigation in CC Docket No. 94-97. In this Order, we resolve all pending confidentiality requests filed by SWB, CBT, and Ameritech in the virtual collocation tariff investigation. In the cases of SWB and Ameritech, we grant in part the requests by these companies for confidential treatment of cost data submitted in this investigation by finding that these data should be withheld from public disclosure, but we require SWB and Ameritech to make these data available to parties to this proceeding, subject to the terms of a protective order. In the case of CBT, we grant the requests of CBT and Time Warner Communications Holdings, Inc. (Time Warner) to withdraw their applications for review of Common Carrier Bureau (Bureau) rulings on requests for inspection of certain cost support data filed by CBT in the virtual collocation tariff investigation. The companies made their requests to withdraw their applications for review contingent upon approval of minor revisions to our protective order, which we grant in this Order. We also find that other cost data submitted by CBT in this investigation under requests for confidential treatment should be disclosed pursuant to the revised protective order. Finally, we adopt a comment schedule for interested parties to review the confidential cost support data filed by SWB, CBT, and Ameritech. II. Backg round 2. On July 25, 1994, the Commission directed Tier 1 Local Exchange Carriers (LECs), other than National Exchange Carrier Association pool members, to provide expanded interconnection for interstate special access and switched transport services through generally available virtual collocation arrangements. Expanded interconnection is a LEC offering that enables parties, by interconnecting their circuits with those of the LEC at a central office through either physical or virtual collocation arrangements, to compete on a facilities basis with certain LEC access services, such as DS1 and DS3 service. In a virtual collocation arrangement, the LEC owns or leases the transmission equipment in the central office that terminates the interconnector's circuits. The LEC dedicates this equipment to the exclusive use of the interconnector, and provides installation, maintenance, and repair services on a nondiscriminatory basis. 3. On September 1, 1994, LECs subject to the requirements of the Virtual Collocation Order filed tariffs offering virtual collocation service. On December 9, 1994, the Bureau suspended in part, and initiated an investigation into the lawfulness of, the LECs' virtual collocation tariffs in CC Docket No. 94-97. In the Phase I Designation Order, the Bureau designated for investigation issues regarding the LECs' overhead loadings and Bell Atlantic's maintenance-related charges. The Bureau also required these LECs to provide disaggregated data regarding their costs of providing virtual collocation service and comparable DS1 and DS3 access services. In the Phase I Report and Order, the Commission concluded that most of the LECs had failed to demonstrate that their overhead loading levels for virtual collocation service were just and reasonable. Accordingly, the Commission prescribed maximum permissible overhead loading levels for these LECs' virtual collocation rates. In the Phase II Designation Order, the Bureau designated additional issues for investigation regarding the LECs' direct costs, rate structures, and terms and conditions of service. In addition, the Bureau required LECs to submit direct cost information for virtual collocation service and comparable DS1 and DS3 services on uniform "tariff review plan" charts attached to the Order. III. SWB's Cost Support for Virtual Collocation Rates A. Background 4. FOIA Requests for Data submitted with Transmittal No. 2382 and 2382-Amended. On September 1, 1994, SWB filed Transmittal No. 2382, providing an interim tariff offering of virtual collocation service. On September 12, 1994, SWB filed an amendment to Transmittal No. 2382 ("Transmittal No. 2382-Amended"). SWB submitted information regarding itemized equipment and overhead costs with these transmittals, and requested confidential treatment for this information under Exemption 4 of the Freedom of Information Act (FOIA), 5 U.S.C.  552(b)(4), and the Commission's parallel regulations governing treatment of private business information, 47 C.F.R.  0.457(d), 0.459. The Association for Local Telecommunications Services (ALTS), MCI Telecommunications Corporation (MCI), and MFS Communications Company, Inc. (MFS) subsequently filed requests under FOIA for access to the cost support data submitted by SWB in Transmittals Nos. 2382 and 2382- Amended. 5. On November 1, 1994, the Bureau issued the SWB FOIA Letter Order, which granted in part and denied in part the FOIA requests of ALTS, MCI, and MFS. The Bureau determined that disclosure of either SWB's negotiated equipment prices or SWB's overhead costs would likely result in significant competitive harm to the equipment vendor and, therefore, the data were exempt from mandatory public disclosure under FOIA. Nevertheless, the Bureau found that there was a substantial public interest in affording parties an opportunity to assess the lawfulness of common carrier rates. The Bureau concluded that making the materials at issue available for inspection pursuant to the terms of a protective order would best strike a balance between these competing interests. The Bureau adopted a protective order under which personnel directly involved in reviewing SWB's virtual collocation rates could access the confidential data submitted with Transmittals Nos. 2382 and 2382-Amended for the purpose of filing comments in the virtual collocation proceeding. On November 16, 1994, SWB filed an application for review of the SWB FOIA Letter Order. 6. On May 23, 1997, the Commission adopted the SWB FOIA Application for Review Order, denying in part and granting in part SWB's application for review of the SWB FOIA Letter Order. In the SWB FOIA Application for Review Order, the Commission recognized that the information at issue was exempt from mandatory public disclosure under FOIA Exemption 4, 5 U.S.C.  552(b)(4). The Commission noted, however, that FOIA does not bar the disclosure of information, even when the information falls within the scope of a particular FOIA exemption. The Commission explained that, despite its finding that the information qualifies under Exemption 4 of FOIA, it still had the authority to make the information available pursuant to a protective order if it concluded that such disclosure was in the public interest. In undertaking the public interest evaluation, the Commission found that SWB's virtual collocation tariff had been set for investigation and that disclosure of the detailed cost information at issue would assist the Commission in exercising its responsibility, under Section 204 of the Communications Act, to assess the reasonableness of the expanded interconnection rates. The Commission concluded that disclosure pursuant to a protective order best served the public interest by providing adequate protection of the confidential material while allowing maximum participation by interested parties. 7. Accordingly, the Commission adopted a protective order to govern the release of the confidential data submitted by SWB with Transmittals Nos. 2382 and 2382-Amended. This protective order modified the one the Bureau adopted in the SWB FOIA Letter Order in order to address certain concerns expressed in SWB's application for review. These modifications included the following provisions: a restriction on the number of copies to be made of the confidential data and the manner of distribution of copies; a prohibition on the review of SWB's vendor prices by persons engaged in the purchase of equipment identical, or similar, to the equipment for which prices were contained in the cost support data; and an enforcement mechanism that imposed sanctions against persons who fail to abide by the protective order. 8. Other Data Submitted by SWB with Requests for Confidentiality. SWB filed requests for confidential treatment of cost support data submitted with a number of other transmittals and pleadings in the virtual collocation proceeding subsequent to Transmittals Nos. 2382 and 2382- Amended. These data consist of disaggregated costs associated with SWB's provision of DS1 and DS3 access services, and disaggregated costs and overhead loading factors for virtual collocation service. One of SWB's confidentiality requests was filed on December 14, 1995 with Transmittal No. 2524, which proposed to revise certain existing virtual collocation rates. On April 4, 1996, the Bureau's Tariff Division released the SWB Transmittal No. 2524 Suspension Order, finding that there was good cause to waive the Commission's rules providing that materials filed in support of tariff revisions are to be publicly available. On May 6, 1996, MCI filed an application for review of the SWB Transmittal No. 2524 Suspension Order. On May 15, 1998, the Commission released the SWB Transmittal No. 2524 Application for Review Order, which granted in part and denied in part MCI's application for review. In that Order, the Commission found that the data at issue was exempt from mandatory public disclosure, but these data must be made available for inspection by parties to this proceeding pursuant to protective order. Accordingly, the Commission adopted the protective order issued with the SWB FOIA Application for Review Order to govern the release of the confidential data submitted with SWB Transmittal No. 2524. B. Discussion 9. We grant in part and deny in part SWB's remaining requests for confidential treatment of cost support data in the virtual collocation proceeding, CC Docket No. 94-97. We find that SWB has demonstrated a likelihood that competitive harm will result from the unconditional release of its cost support data filed with its remaining requests for confidentiality. Under Exemption 4 of FOIA, 5 U.S.C.  552(b)(4), confidential financial information is exempt from mandatory public disclosure. Certain data for which SWB seeks confidential treatment are disaggregated cost data for DS1 and DS3 services that have the potential of revealing SWB's market plans and positions in the access services market. These submissions provide specific details of investment components upon which SWB's direct costs are derived and, as such, provide insight into SWB's business strategies with respect to these services. Such information could be used by competitors to devise strategies to introduce new services to the competitor's benefit, or exploit weaknesses in SWB's existing operations. The other data for which SWB seeks confidential treatment are cost support for virtual collocation equipment prices and the overhead loading factors assigned to virtual collocation equipment. As the Commission previously determined in the SWB FOIA Application for Review Order, this information should be afforded confidential treatment because it may be used in conjunction with other publicly available rates to calculate equipment costs, and release of these data could result in substantial harm to equipment vendors. Accordingly, we conclude that the data that are the subject of SWB's remaining confidentiality requests qualify as confidential financial information under Exemption 4 and are exempt from mandatory public disclosure. 10. Although we conclude that the data at issue should be withheld from disclosure on the public record, we find that a further analysis is necessary to determine whether limited disclosure is appropriate. Even when information falls within the scope of a particular FOIA exemption, we still have the authority to make the materials available to parties if disclosure would best serve the public interest. In evaluating the public interest, we note that SWB's virtual collocation tariff has been set for investigation and that comment from parties on the detailed cost information filed with SWB's remaining requests for confidentiality would assist the Commission in exercising its responsibility, under Section 204 of the Communications Act, to assess the reasonableness of SWB's virtual collocation rates. We therefore find it necessary to balance the need to protect proprietary information from public disclosure with the benefit of allowing parties to have access to documents that are potentially of decisional significance. We conclude that disclosure of the data at issue pursuant to a protective order best serves the public interest because it provides adequate protection of the confidential material while allowing maximum participation in this proceeding by interested parties. This conclusion is consistent with the SWB Transmittal No. 2524 Application for Review Order and the SWB FOIA Application for Review Order. Accordingly, we adopt the protective order issued with the SWB Transmittal No. 2524 Application for Review Order and the SWB FOIA Application for Review Order, attached hereto as Appendix A, to govern the release of the data that are the subject of SWB's remaining requests for confidential treatment in the virtual collocation proceeding. Any party wishing to view SWB's information must first sign the declaration contained in Appendix A, thereby agreeing to the terms of this protective order. 11. In addition, we note that SWB has requested that its cost support data, to the extent that these data were submitted voluntarily, be returned to SWB if its request for confidential treatment is denied. Section 0.459(e) of the Commission's rules, 47 C.F.R.  0.459(e), states that if a party submits materials voluntarily to the Commission, the party may seek to withdraw the data to avoid disclosure if the Commission denies a request for confidential treatment. Section 0.459(e) defines "voluntarily" as "absent any direction from the Commission." We find that the data that are the subject of SWB's remaining requests for confidential treatment were not submitted "voluntarily" because the Commission required SWB to offer virtual collocation service pursuant to a generally available tariff and also required SWB to file direct cases in CC Docket No. 94-97. Therefore, we deny SWB's request to withdraw these data. 12. We believe that a supplemental comment period will expedite review of SWB's confidential data by parties to the virtual collocation proceeding and by the Commission. Accordingly, we establish a supplemental comment period in Section VI of this Order. This supplemental comment period will apply not only to SWB's data that are the subject of the protective order attached hereto as Appendix A, but also to SWB's data that are the subject of the protective order accompanying the SWB FOIA Application for Review Order and the protective order accompanying the SWB Transmittal No. 2524 Application for Review Order. IV. CBT's Cost Support for Virtual Collocation Ra tes 13. CBT and Time Warner have conditionally withdrawn their applications for review of orders that made rulings on requests for confidential treatment of virtual collocation service cost support data. These applications for review were withdrawn contingent upon approval of minor changes to our protective order. As explained below, we adopt the revised protective order proposed by CBT and Time Warner and we grant their requests to withdraw their applications for review. A. Background 14. FOIA Requests. On March 21, 1995, CBT filed its direct case in response to our Phase I Designation Order. As required by that Order, CBT included with its direct case detailed unit investment and cost data for unbundled components of CBT's DS1 and DS3 access services. CBT requested confidential treatment of these data because it argued that release of these data would enable CBT's competitors to develop pricing strategies to compete with CBT's access service. MFS and Time Warner filed requests under FOIA for access to these cost support data submitted with CBT's Direct Case in Phase I of the virtual collocation investigation. 15. Bureau Rulings. On August 16, 1995, the Bureau released the CBT/Time Warner FOIA Letter Order, which granted in part and denied in part Time Warner's request for inspection of CBT's cost data submitted with CBT's Phase I Direct Case. In the CBT/Time Warner FOIA Letter Order, the Bureau found that substantial competitive harm to CBT was likely to occur if the data at issue were disclosed. The Bureau recognized, however, that there is a compelling public interest in providing affected parties the maximum opportunity to assess the lawfulness of a carrier's rates. The Bureau concluded that disclosure of the data pursuant to a protective order would strike an appropriate balance between protecting the competitive interests of CBT and ensuring that Time Warner, as a party to the virtual collocation proceeding, has information necessary to assess the lawfulness of CBT's virtual collocation tariff. Accordingly, the Bureau adopted a protective order granting Time Warner limited access to the confidential data submitted with CBT's Phase I Direct Case for the purpose of formally challenging the lawfulness of CBT's virtual collocation tariff. 16. On August 24, 1995, the Bureau issued the CBT/MFS FOIA Letter Order, granting in part and denying in part MFS' request for inspection of CBT's cost data submitted with CBT's Phase I Direct Case. In the CBT/MFS FOIA Letter Order, the Bureau incorporated by reference its previous determination in the CBT/Time Warner FOIA Letter Order that CBT's confidential cost data submitted with its Phase I Direct Case should be disclosed pursuant to a protective order. The Bureau also adopted the same protective order to govern MFS's access to this confidential data that was adopted for Time Warner's access to the data. 17. Applications for Review. CBT and Time Warner filed applications for review of the CBT/Time Warner FOIA Letter Order, and CBT filed an application for review of the CBT/MFS FOIA Letter Order. In both of CBT's applications for review, CBT argued that the protective order the Bureau adopted does not adequately protect CBT's interests. In Time Warner's application for review, Time Warner contended that the protective order the Bureau adopted should be modified to permit Time Warner to use the data at issue for the purpose of making benchmark comparisons of costs among LECs in the virtual collocation proceeding. In September of 1997, CBT and Time Warner reached agreement on the terms of a protective order for the virtual collocation proceeding and conditionally withdrew their applications for review of the CBT/Time Warner FOIA Letter Order, subject to the Commission's approval of their negotiated protective order (the "CBT/Time Warner Negotiated Protective Order," attached hereto as Appendix B). On October 31, 1997, CBT similarly withdrew its application for review of the CBT/MFS FOIA Letter Order, contingent on our acceptance of the CBT/Time Warner Negotiated Protective Order as a resolution of MFS's FOIA request. 18. Other Data Submitted by CBT with Requests for Confidentiality. CBT also has filed requests for confidential treatment of cost support data submitted with filings in the virtual collocation proceeding subsequent to CBT's Phase I Direct Case. This cost support data, like the data submitted with CBT's Phase I Direct Case, consist of disaggregated costs associated with DS1 and DS3 access services. B. Discussion 19. CBT has conditionally withdrawn its applications for review of the CBT/Time Warner FOIA Letter Order and CBT/MFS FOIA Letter Order, and Time Warner has conditionally withdrawn its application for review of the CBT/Time Warner FOIA Letter Order. The parties withdrew their applications for review contingent upon our acceptance of the CBT/Time Warner Negotiated Protective Order. In deciding whether to approve the CBT/Time Warner Negotiated Protective Order, we are guided by the Commission's recent rulings in the SWB Transmittal No. 2524 Application for Review Order and the SWB FOIA Application for Review Order. In those Orders, as discussed in Section III.A above, the Commission permitted limited disclosure pursuant to a protective order of certain confidential cost support data submitted by SWB in the virtual collocation proceeding. 20. The CBT/Time Warner Negotiated Protective Order is substantially similar to the protective order adopted by the Commission in the SWB Transmittal No. 2524 Application for Review Order and the SWB FOIA Application for Review Order to govern the release of certain confidential data submitted by SWB in the virtual collocation proceeding. The only notable difference between the terms of the CBT/Time Warner Negotiated Protective Order and the terms of the Commission's protective order issued in the SWB Transmittal No. 2524 Application for Review Order and the SWB FOIA Application for Review Order is that, in the CBT/Time Warner Negotiated Protective Order, CBT is not required to maintain a Washington, D.C. office. We conclude that this difference is not significant, given that interested parties who do not wish to review the confidential data at a CBT location in Cincinnati can request that CBT deliver two copies of the confidential information to the interested party's counsel within three business days of receipt of the request. Moreover, requiring CBT to maintain a Washington office for the purpose of providing requesting parties access to the relevant information would be unduly burdensome, given that CBT does not currently have a Washington, D.C. office and would have to establish one solely for this purpose. 21. Accordingly, we adopt the CBT/Time Warner Negotiated Protective Order, attached hereto as Appendix B, to govern the release of CBT's confidential data that were submitted with its Direct Case for Phase I of the virtual collocation proceeding. We note that the CBT/Time Warner Negotiated Protective Order, which replaces the protective order that the Bureau adopted in 1995 in the CBT/Time Warner FOIA Letter Order and CBT/MFS FOIA Letter Order, reflects changes from that previous protective order. In particular, the CBT/Time Warner Negotiated Protective Order imposes further restrictions on access to the confidential information and provides an enforcement mechanism that carries sanctions -- revisions that the Commission found necessary in the SWB FOIA Application for Review Order when it modified the protective order for SWB's confidential data. These revisions will better protect CBT's confidential data in the virtual collocation proceeding. Based on our approval of the CBT/Time Warner Negotiated Protective Order, we grant the requests by CBT and Time Warner to withdraw their applications for review of the CBT/Time Warner FOIA Letter Order, and the request by CBT to withdraw its application for review of the CBT/MFS FOIA Letter Order. 22. In addition, we find that we should resolve CBT's requests for confidential treatment of cost support data submitted in the virtual collocation proceeding subsequent to CBT's Phase I Direct Case in the same manner that we resolve CBT's requests pertaining to its Phase I Direct Case. We find that CBT has demonstrated that a likelihood of competitive harm will result from the unconditional release of its cost support data submitted in the virtual collocation proceeding subsequent to CBT's Phase I Direct Case. Under Exemption 4 of FOIA, 5 U.S.C.  552(b)(4), confidential financial information is exempt from mandatory public disclosure. The data for which CBT seeks confidential treatment are disaggregated cost data for DS1 and DS3 services that have the potential of revealing CBT's market plans and positions in the access services market. These submissions provide specific details of investment components upon which CBT's direct costs are derived and, as such, provide insight into CBT's business strategies with respect to these services. Such information could be used by competitors to devise strategies to introduce new services to the competitor's benefit, or exploit weaknesses in CBT's existing operations. Accordingly, we conclude that the data that are the subject of CBT's confidentiality requests filed subsequent to CBT's Phase I Direct Case qualify as confidential financial information under Exemption 4 and are exempt from mandatory public disclosure. Nonetheless, and as discussed fully in Section III.B above, we conclude that disclosure of the data at issue pursuant to a protective order best serves the public interest because it provides adequate protection of the confidential material while allowing maximum participation in this proceeding by interested parties. We therefore adopt the CBT/Time Warner Negotiated Protective Order, attached hereto as Appendix B, to govern the release of CBT's confidential data that was submitted subsequent to its Direct Case for Phase I of the virtual collocation proceeding. 23. In order to expedite review of CBT's confidential data that were submitted with its Phase I Direct Case and subsequent to its Phase I Direct Case, we establish a supplemental comment period in Section VI of this Order. Any party to the virtual collocation proceeding wishing to view CBT's information must first sign the declaration included in Appendix B of this Order, thereby agreeing to the terms of the protective order contained in that Appendix. V. Ameritech's Cost Support for Virtual Collocation Rates A. Background 24. Ameritech has requested confidential treatment of certain direct cost data submitted to the Commission in the virtual collocation proceeding, including some of the cost support accompanying Ameritech's Phase I and Phase II Direct Cases. This cost support consists of detailed unit investment and cost data for unbundled components of Ameritech's DS1 and DS3 access services. Ameritech requests confidential treatment of this data on the grounds that release of the data would enable its competitors to develop pricing strategies to compete with Ameritech's access service. B. Discussion 25. We grant in part and deny in part Ameritech's requests for confidential treatment of cost support data in the virtual collocation proceeding, CC Docket No. 94-97. We find that Ameritech has demonstrated a likelihood that competitive harm will result from the unconditional release of its cost support data filed with its requests for confidentiality in the virtual collocation proceeding. Under Exemption 4 of FOIA, 5 U.S.C.  552(b)(4), confidential financial information is exempt from mandatory public disclosure. The data for which Ameritech seeks confidential treatment are detailed information on the investment and direct costs for DS1 and DS3 services. These data provide insight into Ameritech's business strategies with respect to these services, and could be used by competitors to devise plans to introduce new services to the competitor's benefit or exploit weaknesses in Ameritech's existing operations. Accordingly, we conclude that the data that are the subject of Ameritech's confidentiality requests in the virtual collocation proceeding qualify as confidential financial information under Exemption 4 and are exempt from mandatory public disclosure. 26. As discussed fully in Section III.B, however, we conclude that disclosure of the data at issue pursuant to a protective order best serves the public interest because it provides adequate protection of the confidential material while allowing maximum participation in this proceeding by interested parties. Accordingly, we adopt the protective order issued with the SWB Transmittal No. 2524 Application for Review Order and the SWB FOIA Application for Review Order, attached hereto as Appendix C, to govern the release of the data that are the subject of the Ameritech's requests for confidential treatment in the virtual collocation proceeding. Any party wishing to view Ameritech's information must first sign the declaration contained in Appendix C, thereby agreeing to the terms of this protective order. In addition, we believe that a supplemental comment period will expedite review of Ameritech's confidential data by parties to the virtual collocation proceeding and by the Commission. Accordingly, we establish a supplemental comment period in Section VI of this Order. 27. In addition, Ameritech has requested that its cost support data, to the extent that these data were submitted voluntarily, be returned to Ameritech if its request for confidential treatment is denied. Section 0.459(e) of the Commission's rules, 47 C.F.R.  0.459(e), states that if a party submits materials voluntarily to the Commission, the party may seek to withdraw the data to avoid disclosure if the Commission denies a request for confidential treatment. Section 0.459(e) defines "voluntarily" as "absent any direction from the Commission." We find that the data that are the subject of Ameritech's requests for confidential treatment were not submitted "voluntarily" because the Commission required Ameritech to offer virtual collocation service pursuant to a generally available tariff and also required Ameritech to file direct cases in CC Docket No. 94-97. Therefore, we deny Ameritech's request to withdraw these data. VI. Comment Schedule 28. Parties to the virtual collocation proceeding in CC Docket No. 94-97 may submit comments on the confidential data at issue in this Order, pursuant to the terms of this Order and attached protective orders, within 45 days of the release date of this Order. Replies to these comments may be submitted no later than 30 days from the date that the comments were filed. This comment schedule will also apply to SWB's confidential data that are the subject of the protective order issued with the SWB FOIA Application for Review Order, and SWB's confidential data that are the subject of the protective order issued with the SWB Transmittal No. 2524 Application for Review Order. An original and six copies of all pleadings shall be filed with the Secretary of the Commission. In addition, parties shall file two copies of any such pleadings with the Competitive Pricing Division, Common Carrier Bureau, Room 518, 1919 M Street, N.W., Washington, D.C. 20554. Parties shall also deliver one copy of such pleadings to the Commission's commercial copying firm, International Transcription Service, 1231 20th Street, N.W., Washington, D.C. 20036. VII. Ordering Clauses 29. Accordingly, pursuant to the authority delegated under sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, IT IS ORDERED that, for the purposes of this proceeding, Southwestern Bell Telephone Company's remaining requests for confidential treatment, as defined in footnote 24 of this Order, ARE GRANTED IN PART and DENIED IN PART. 30. IT IS FURTHER ORDERED that the Protective Order attached hereto as Appendix A IS ADOPTED to govern the release of the data that are the subject of Southwestern Bell Telephone Company's remaining requests for confidential treatment in the virtual collocation proceeding, as defined in footnote 24 of this Order. 31. IT IS FURTHER ORDERED that the requests by Cincinnati Bell Telephone Company and Time Warner Communications Holdings, Inc. to withdraw their applications for review of the CBT/Time Warner FOIA Letter Order, and the request by Cincinnati Bell Telephone Company to withdraw its application for review of the CBT/MFS FOIA Letter Order, ARE GRANTED. 32. IT IS FURTHER ORDERED that, for the purposes of this proceeding, the requests of Cincinnati Bell Telephone Company for confidential treatment of cost support data submitted in the virtual collocation proceeding subsequent to its Direct Case for Phase I ARE GRANTED IN PART and DENIED IN PART. 33. IT IS FURTHER ORDERED that the Protective Order attached hereto as Appendix B IS ADOPTED to govern the release of the confidential data that are the subject of the CBT/Time Warner FOIA Letter Order and CBT/MFS FOIA Letter Order and the confidential data submitted by Cincinnati Bell Telephone Company in the virtual collocation proceeding subsequent to its Direct Case for Phase I, as discussed in Section IV.B of this Order. 34. IT IS FURTHER ORDERED that, for the purposes of this proceeding, the requests by the Ameritech Operating Companies for confidential treatment of certain cost support data submitted in the virtual collocation proceeding ARE GRANTED IN PART and DENIED IN PART. 35. IT IS FURTHER ORDERED that the Protective Order attached hereto as Appendix C IS ADOPTED to govern the release of confidential data submitted by the Ameritech Operating Companies in the virtual collocation proceeding. 36. IT IS FURTHER ORDERED that the schedule for comments to be filed in response to the confidential data submitted by Southwestern Bell Telephone Company, Cincinnati Bell Telephone Company, and the Ameritech Operating Companies in the virtual collocation proceeding IS ADOPTED, as specified in Section VI of this Order. FEDERAL COMMUNICATIONS COMMISSION Kathryn C. Brown Chief Common Carrier Bureau APPENDIX A Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 94-97 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Virtual Collocation ) for Special Access and Switched Transport) ) Southwestern Bell Telephone Company, ) Cost Support Filed under Request for ) Confidential Treatment ) Protective Order 1. On this date, the Common Carrier Bureau is adopting both this protective order and an order addressing Southwestern Bell Telephone Company's (SWB's) remaining requests for confidential treatment in the virtual collocation proceeding. The order accompanying this protective order defines "remaining requests for confidential treatment" as all of SWB's requests for confidential treatment of cost support data submitted in the virtual collocation proceeding, excluding those requests accompanying Transmittal Nos. 2382, 2382-Amended, and 2524. In the order accompanying this protective order, the Bureau is granting in part and denying in part SWB's remaining requests for confidential treatment in the virtual collocation proceeding. The Bureau is also ruling that the data that are the subject of SWB's remaining requests for confidential treatment in the virtual collocation proceeding must be disclosed, pursuant to this protective order, to all parties to the virtual collocation tariff review proceeding for the sole purpose of permitting participation in this proceeding, including any appeals. Definitions 2. The term "party" as used in this Protective Order means any entity that is participating in Federal Communications Commission (Commission) CC Docket No. 94-97 and is seeking access to confidential information, as defined below. 3. For purposes of this Order, "Confidential Information" shall include: (i) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith constitutes trade secrets and commercial or financial information that is privileged or confidential within the meaning of Exemption 4 of the Freedom of Information Act, 5 U.S.C.  552(b)(4), and (ii) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith falls within the terms of Commission orders in this proceeding designating items for treatment as confidential. Confidential Information shall also include information specifically designated by the Commission in this proceeding as confidential. The Commission may, sua sponte or upon petition, determine that all or part of the information claimed by the producing party as "Confidential Information" is not entitled to such treatment. Procedure 4. In filings made in this docket, SWB, the producing party, may designate certain documents and information it produces as "Confidential Information" consistent with the definition of that term in this Protective Order. All such documents and information shall be clearly labeled by SWB to show that the documents are considered "Confidential." 5. Personnel. (a) Counsel. All Confidential Information produced pursuant to this Protective Order shall be made available to parties solely through counsel for the parties, including in-house counsel, or persons working under the supervision of counsel within the following categories: (1) Attorneys, including in-house counsel, actively engaged in the conduct of this proceeding, secretaries, paralegal assistants, and employees of such an attorney to the extent reasonably necessary to assist in the review of tariff support materials and the preparation of documents in the proceeding, and (2) Any persons requested by counsel of record to furnish technical or other expert services, or otherwise to prepare material for the proceeding, except: (a) Disclosure shall be prohibited, subject to the limited exception set out in paragraph 5(b) below for deposition witnesses and outside consultants and experts, to persons now engaged, or who reasonably expect they will be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data. (b) For any such person who is in a position to use the information for competitive, commercial, or business purposes, other than those governed by subparagraph (a), disclosure shall be limited to the minimum extent necessary to obtain analysis and management guidelines for participation in this proceeding. In addition, disclosure shall be permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to obtain personnel who are not in a position to use the information for competitive, commercial or business purposes, and that such personnel do not exist. (b) Depositions. In the event the Commission orders that depositions may be taken, disclosure is permitted to persons noticed for depositions or designated as witnesses to the extent reasonably necessary to prepare testimony or to outside consultants or experts retained for the purpose of assisting counsel prepare testimony for such depositions. If such persons include those described in paragraph 5(a)(2)(a) above, then disclosure is permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to identify personnel with the same or substantially similar knowledge who are not now engaged, or who reasonably expect they will not be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data and that such personnel do not exist. (c) Personnel eligible to have access to Confidential Information pursuant to paragraphs 5(a) or (b) shall not be entitled to review any Confidential Information unless and until they sign Attachment A which states that they shall abide by the terms of the Protective Order. 6. Before a party, through counsel, discloses SWB's virtual collocation cost support data to any person listed in subparts (a) and (b) of paragraph 5(a)(2) who is a competitor (or any employee of, or consultant to, a competitor) of any equipment vendor the prices of which are contained in SWB's virtual collocation cost support data, the party shall give at least ten working days' advance notice in writing (initially via facsimile followed by first class mail, postage prepaid) to counsel for any equipment vendor the data of which are to be disclosed, stating the name and address of the person[s] to whom disclosure is to be made and stating the purpose of such disclosure in the form set forth in Attachment B. The facsimile numbers and addresses to be used for notice to the counsel for the equipment vendors are listed in Attachment C. Copies of the notice should be served on the Commission and all parties of record. If, within the ten-day period, a motion is filed objecting to the proposed disclosure, disclosure may not occur until the Commission has denied such motion and all appeals of the Commission denial of such motion are exhausted. 7. Prior to giving access to Confidential Information, as contemplated in Paragraphs 4-6 above, to any person authorized to be given access pursuant to this Order, counsel for the party seeking review of the Confidential Information shall deliver a copy of this Protective Order to such persons, and prior to disclosure, each such person shall agree in writing to comply with and be bound by this Protective Order in the form of Attachment A, attached hereto. Said counsel shall, at the time of the review of such Confidential Information, or as soon thereafter as practical, deliver to counsel for the party producing the Confidential Information a copy of Attachment A as executed, which shall show each signatory's full name, permanent address and employer, and the party with whom the signatory is associated. 8. Any party producing Confidential Information pursuant to this Order shall designate a Washington, D.C. location at which all parties shall be permitted access to and review of requested Confidential Information pursuant to the other terms of this Order. Any such access and review shall be limited to regular business hours after reasonable notice by the requesting party. 9. After reasonable request, two copies of information designated by the producing party as Confidential Information will be delivered to the party that requested the information, unless that information is voluminous. Unless otherwise ordered, voluminous information shall mean information of 300 pages or more. The two copies of the Confidential Information shall be provided to the requesting party's counsel of record who has agreed in writing to be bound by this Protective Order. Voluminous information designated as Confidential Information may be reviewed at the producing party's designated Washington, D.C. location. In addition, for voluminous information, the viewing party may request that two copies of some or all of the information be made at its expense, and be removed from the producing party's premises subject to all the other conditions in this Protective Order. 10. The copies are to be made by, or under the supervision of, the personnel of the party who produced such document, who will affix a stamp to each item to be copied denoting the Confidential designation of the item. The stamp shall be affixed in such a manner that the text of the Confidential Information is not obscured on either the original or any copies thereof. 11. The information produced shall be organized in a manner that clearly identifies each document or portion thereof that is claimed to be Confidential. SWB, the producing party, shall be responsible for producing the Confidential Information in a sealed envelope that is clearly marked on the outside as containing Confidential Information and that clearly specifies the numbers of pages contained therein. 12. Counsel of record for the party authorized hereunder who requested the copies shall sign a statement in the form of Attachment D attached hereto verifying that the sealed envelope clearly marked as containing Confidential Information has been received and designating the name and address of the individual into whose custody the copies shall be delivered. The designated representative of the producing party shall also sign Attachment D and verify to whom the sealed envelope was delivered. Access to said copies shall be limited to those persons defined in Paragraph 5 of this Order. No additional copies shall be made, unless the parties agree otherwise, or upon a showing of a good cause the Commission directs otherwise. 13. Persons that have agreed in writing to be bound by this Protective Order and are therefore permitted access to Confidential Information by this Order may take notes regarding such information as may be necessary in connection with this proceeding. Such notes shall be treated in the same manner as the Confidential Information from which the notes were taken. Storage at the Commission 14. Confidential Information, including that portion of testimony containing references thereto, if filed with the Commission, shall clearly be labeled as Confidential and filed under seal, and shall be segregated in the files of the Commission, and shall be withheld from inspection by any person not bound by the terms of this Protective Order, unless such Confidential Information is released from the restrictions of this Order either through agreement of the parties, or, after notice to the parties and hearing, pursuant to the order of the Commission Staff, the Commission, or a court. Good Faith Use of Material 15. All persons having access to the confidential data shall use their best efforts to keep the Confidential Information secure in accordance with the purposes and intent of this Protective Order. To this end, persons having custody of any Confidential Information shall keep the documents properly secured during all times when the documents are not being reviewed by a person authorized to do so. 16. As obtained pursuant to this Order, Confidential Information shall be used exclusively for purposes of participating in this proceeding, including any appeals, and shall not be used or disclosed for any other purpose. The limitation on the use or disclosure of Confidential Information shall be construed to prohibit disclosure orally or in writing or through reproduction or by any other means to anyone not designated under paragraph 5 of all information contained therein. The limitation shall also be construed to prohibit making decisions, participating in any decision making process or rendering advice, legal or otherwise, wherein any information or knowledge derived from said information is used in any manner other than for purposes of this proceeding. 17. Persons obtaining access to Confidential Information under the terms of this order may disclose, describe, or discuss the Confidential Information in any pleading filed in CC Docket No. 94- 97, but only if they file both a confidential version and a public version of the pleading under the following procedures: (a) Confidential Version. (i) Any pleading that includes Confidential Information shall be filed under seal and clearly marked "Contains Confidential Information Subject to Protective Order, CC Docket No. 94-97" and covered by a separate letter citing this Order. (ii) Subject to exceptions noted in (iii) below, any pleading containing Confidential Information shall be served only upon the Commission, the producing party, and any vendor the confidential equipment prices of which are reflected in the pleading. (iii) The Confidential Version will not be served on vendors if it contains the confidential equipment prices of more than one vendor. Other parties to this Protective Order may view the Confidential Version under the terms of this Protective Order. (b) Public Version. Any party filing a pleading that contains Confidential Information shall also prepare a separate public version in which all Confidential Information has been redacted. (i) On the same date that the Confidential Version is filed with the Commission, the party shall hand deliver the Public Version to the producing party and any vendors the equipment prices of which are included in Confidential Information and reflected in the Confidential Version. (ii) The producing party and vendors have five working days following receipt to object in writing to the filing of the Public Version. (iii) If no objections are filed, on the sixth working day following the delivery of the Public Version, the Public Version will be filed with the Commission for inclusion in the public record and will be served on all parties to the virtual collocation tariff review proceeding. (c) Computation of time. The time for filing responses to both the public and confidential versions of the pleading shall be computed from the day after the filing of the Public Version. See 47 C.F.R.  1.4(b) of the Commission's rules. Returning Material to Producing Party 18. Within thirty (30) days after completion of this proceeding and judicial review, the producing party may request the return of all Confidential Information furnished under the terms of this Protective Order. The Confidential Information must be returned within thirty (30) days after the request. Notes taken with regard to Confidential Information shall be destroyed at the time that Confidential Information is returned, in the presence of the party who produced the Confidential Information if that party so requests. Confidential Information made part of the record in any proceeding shall remain in the possession of the Commission, and, unless otherwise agreed by the party that produced the information or as provided by future order, shall continue to be subject to the protective requirements of this Protective Order. Other Rights Preserved 19. The signing of the Protective Order shall in no way constitute any waiver of the rights of any party to this protective order to contest any assertion of confidentiality or to appeal any finding that specific information is Confidential Information or should be subject to the protective requirements of this Order. The designation of any information as Confidential Information may be challenged before the Commission, or a court having jurisdiction to review a Commission determination, that said material should be so classified. 20. Disclosure of Confidential Information under this Protective Order shall not be deemed a waiver by either the producing party or the vendors the data of which are contained therein, in any other proceeding, agency, or court, of any privilege or entitlement to confidential treatment. Any parties receiving access to Confidential Information under this Order: (a) agree not to assert any such waiver; (b) agree not to use information derived from Confidential Information in any proceeding other than this one or for any purpose unrelated to other than this proceeding; and (c) agree that accidental disclosure of privileged information shall not be deemed a waiver of the privilege. 21. Nothing contained herein shall limit any party's right to judicial review of any decisions rendered hereunder. 22. Any failure to abide by the terms of this Protective Order may result in the imposition of sanctions, including dismissal of a party's petitions, or censure, suspension, or disbarment of the attorneys involved. See 47 C.F.R. 1.24. 23. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C.  154(i), (j) and 47 C.F.R.  0.457(d). Attachment A to the Protective Order Declaration In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 94-97 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Virtual Collocation ) for Special Access and Switched Transport) ) Southwestern Bell Telephone Company, ) Cost Support Filed under Request for ) Confidential Treatment ) I, ______________________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential Information submitted by parties to this proceeding. I understand that the Confidential Information shall not be disclosed to anyone except in accordance with the terms of the Protective Order and shall be used only for purposes of the proceedings in this matter. I acknowledge that a violation of the Protective Order is a violation of an order of the Federal Communications Commission. I acknowledge that this Protective Order is also a binding agreement with the Submitting Party. (signed) _______________________________ (printed name) __________________________ (representing) ___________________________ (title) __________________________________ (employer) _____________________________ (address) _______________________________ _______________________________ (phone) ________________________________ (date) __________________________________ Attachment B to the Protective Order Notification to Equipment Vendors Pursuant to the terms of the Protective Order entered in CC Docket No. 94-97, notice is hereby given to counsel or designated representative of an equipment vendor(s), pursuant to paragraph 6 of the Protective Order to CC Docket No. 94-97, that copies of its equipment prices contained in SWB's confidential virtual collocation cost support data have been disclosed to the person listed below pursuant to paragraph 5(a)(2) or 5(b). Statem ent of Receipt I, ___________________________________________, as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of ____________ (insert name of equipment vendor) have received notice that equipment prices of ____________ (insert name of equipment vendor), as contained in SWB's confidential virtual collocation cost support data, have been disclosed to: Name: __________________________________ Title: __________________________________ Representing: ________________________________ Address: _______________________________ _______________________________ Facsimile No:___________________________ Signed on this ________ day of ________, 19__ _______________________ Signature Attachment C to the Protective Order Facsimile Numbers and Addresses to be used for Notice to Counsel for Equipment Vendors Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Attachment D to the Protective Order Statement of Receipt I, ___________________________________________, as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of ____________ (insert name of party) have received the sealed envelope marked "Confidential Information" for the purpose of making copies of said confidential information, pursuant to paragraph 12 of the Protective Order. These copies are to remain in the custody of: Name: __________________________________ Title: __________________________________ Address: _______________________________ Signed on this ________ day of ________, 19__ _______________________ Name:_________________ APPENDIX B Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 94-97 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Virtual Collocation ) for Special Access and Switched Transport) ) Cincinnati Bell Telephone Company, ) FOIA Control Nos. Requests for Inspection of Records, ) 95-149, 223 Applications for Review ) ) Cincinnati Bell Telephone Company, ) Cost Support Filed under Request for ) Confidential Treatment ) Protective Order 1. On this date, the Common Carrier Bureau is adopting both this protective order and an order addressing the requests of Cincinnati Bell Telephone Company (CBT) for confidential treatment of certain cost support data submitted in the virtual collocation proceeding. In the order accompanying this protective order, the Bureau is ruling that the cost support data must be disclosed, pursuant to this protective order, to all parties to the virtual collocation tariff review proceeding for the sole purpose of permitting participation in this proceeding, including any appeals. Definitions 2. The term party as used in this Protective Order means any entity that is participating in Federal Communications Commission (Commission) CC Docket No. 94-97 and is seeking access to confidential information, as defined below. 3. For purposes of this Order, Confidential Information shall include: (i) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith constitutes trade secrets and commercial or financial information that is privileged or confidential within the meaning of Exemption 4 of the Freedom of Information Act, 5 U.S.C. Section 552(b)(4), and (ii) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith falls within the terms of Commission orders in this proceeding designating items for treatment as confidential. Confidential Information shall also include information specifically designated by the Commission in this proceeding as confidential. The Commission may, sua sponte or upon petition, determine that all or part of the information claimed by the producing party as Confidential Information is not entitled to such treatment. Procedure 4. In filings made in this docket, CBT, the producing party, may designate certain documents and information it produces as Confidential Information consistent with the definition of that term in this Protective Order. All such documents and information shall be clearly labeled by CBT to show that the documents are considered Confidential. 5. Personnel. (a) Counsel. All Confidential Information produced pursuant to this Protective Order shall be made available to parties solely through counsel for the parties, including in- house counsel, or persons working under the supervision of counsel within the following categories: (1) Attorneys, including in-house counsel, actively engaged in the conduct of this proceeding, secretaries, paralegal assistants, and employees of such an attorney to the extent reasonably necessary to assist in the review of tariff support materials and the preparation of documents in the proceeding, and (2) Any persons requested by counsel of record to furnish technical or other expert services, or otherwise to prepare material for the proceeding, except: (a) Disclosure shall be prohibited, subject to the limited exception set out in paragraph 5(b) below for deposition witnesses and outside consultants and experts, to persons now engaged, or who reasonably expect they will be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data. (b) For any such person who is in a position to use the information for competitive, commercial, or business purposes, other than those governed by subparagraph (a), disclosure shall be limited to the minimum extent necessary to obtain analysis and management guidelines for participation in this proceeding. In addition, disclosure shall be permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to obtain personnel who are not in a position to use the information for competitive, commercial or business purposes, and that such personnel do not exist. (b) Depositions. In the event the Commission orders that depositions may be taken, disclosure is permitted to persons noticed for depositions or designated as witnesses to the extent reasonably necessary to prepare testimony or to outside consultants or experts retained for the purpose of assisting counsel prepare testimony for such depositions. If such persons include those described in paragraph 5(a)(2)(a) above, then disclosure is permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to identify personnel with the same or substantially similar knowledge who are not now engaged, or who reasonably expect they will not be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data and that such personnel do not exist. (c) Personnel eligible to have access to Confidential Information pursuant to paragraphs 5(a) or (b) shall not be entitled to review any Confidential Information unless and until they sign Attachment A which states that they shall abide by the terms of the Protective Order. 6. Before a party, through counsel, discloses CBT s virtual collocation cost support data to any person listed in subparts (a) and (b) of paragraph 5(a)(2) who is a competitor (or any employee of, or consultant to, a competitor) of any equipment vendor the prices of which are contained in CBT s virtual collocation cost support data, the party shall give at least ten working days advance notice in writing (initially via facsimile followed by first class mail, postage prepaid) to counsel for any equipment vendor the data of which are to be disclosed, stating the name and address of the person[s] to whom disclosure is to be made and stating the purpose of such disclosure in the form set forth in Attachment B. The facsimile numbers and addresses to be used for notice to the counsel for the equipment vendors are listed in Attachment C. Copies of the notice should be served on the Commission and all parties of record. If, within the ten-day period, a motion is filed objecting to the proposed disclosure, disclosure may not occur until the Commission has denied such motion and all appeals of the Commission denial of such motion are exhausted. 7. Prior to giving access to Confidential Information, as contemplated in Paragraphs 4-6 above, to any person authorized to be given access pursuant to this Order, counsel for the party seeking review of the Confidential Information shall deliver a copy of this Protective Order to such persons, and prior to disclosure, each such person shall agree in writing to comply with and be bound by this Protective Order in the form of Attachment A, attached hereto. Said counsel shall, at the time of the review of such Confidential Information, or as soon thereafter as practical, deliver to counsel for the party producing the Confidential Information a copy of Attachment A as executed, which shall show each signatory s full name, permanent address and employer, and the party with whom the signatory is associated. 8. CBT shall designate a Cincinnati, Ohio location at which all parties shall be permitted access to and review of requested Confidential Information pursuant to the other terms of this Order. Any such access and review shall be limited to regular business hours after reasonable notice by the requesting party. 9. Within three (3) business days of receipt of a request for information designated by the producing party as Confidential Information, two copies of such Confidential Information will be delivered to the party that requested the information. The two copies of the Confidential Information shall be provided to the requesting party s counsel of record who has agreed in writing to be bound by this Protective Order. 10. The copies are to be made by, or under the supervision of, the personnel of the party who produced such document, who will affix a stamp to each item to be copied denoting the Confidential designation of the item. The stamp shall be affixed in such a manner that the text of the Confidential Information is not obscured on either the original or any copies thereof. 11. The information produced shall be organized in a manner that clearly identifies each document or portion thereof that is claimed to be Confidential. CBT, the producing party, shall be responsible for producing the Confidential Information in a sealed envelope that is clearly marked on the outside as containing Confidential Information and that clearly specifies the numbers of pages contained therein. 12. Counsel of record for the party authorized hereunder who requested the copies shall sign a statement in the form of Attachment D attached hereto verifying that the sealed envelope clearly marked as containing Confidential Information has been received and designating the name and address of the individual into whose custody the copies shall be delivered. The designated representative of the producing party shall also sign Attachment D and verify to whom the sealed envelope was delivered. Access to said copies shall be limited to those persons defined in Paragraph 5 of this Order. No additional copies shall be made, unless the parties agree otherwise, or upon a showing of a good cause the Commission directs otherwise. 13. Persons that have agreed in writing to be bound by this Protective Order and are therefore permitted access to Confidential Information by this Order may take notes regarding such information as may be necessary in connection with this proceeding. Such notes shall be treated in the same manner as the Confidential Information from which the notes were taken. Storage at the Commission 14. Confidential Information, including that portion of testimony containing references thereto, if filed with the Commission, shall clearly be labeled as Confidential and filed under seal, and shall be segregated in the files of the Commission, and shall be withheld from inspection by any person not bound by the terms of this Protective Order, unless such Confidential Information is released from the restrictions of this Order either through agreement of the parties, or, after notice to the parties and hearing, pursuant to the order of the Commission Staff, the Commission, or a court. Good Faith Use of Material 15. All persons having access to the confidential data shall use their best efforts to keep the Confidential Information secure in accordance with the purposes and intent of this Protective Order. To this end, persons having custody of any Confidential Information shall keep the documents properly secured during all times when the documents are not being reviewed by a person authorized to do so. 16. As obtained pursuant to this Order, Confidential Information shall be used exclusively for purposes of participating in this proceeding, including any appeals, and shall not be used or disclosed for any other purpose. The limitation on the use or disclosure of Confidential Information shall be construed to prohibit disclosure orally or in writing or through reproduction or by any other means to anyone not designated under paragraph 5 of all information contained therein. The limitation shall also be construed to prohibit making decisions, participating in any decision making process or rendering advice, legal or otherwise, wherein any information or knowledge derived from said information is used in any manner other than for purposes of this proceeding. 17. Persons obtaining access to Confidential Information under the terms of this order may disclose, describe, or discuss the Confidential Information in any pleading filed in CC Docket No. 94- 97, but only if they file both a confidential version and a public version of the pleading under the following procedures: (a) Confidential Version. (i) Any pleading that includes Confidential Information shall be filed under seal and clearly marked Contains Confidential Information subject to Protective Order, CC Docket No. 94-97 and covered by a separate letter citing this Order. (ii) Subject to exceptions noted in (iii) below, any pleading containing Confidential Information shall be served only upon the Commission, the producing party, and any vendor the confidential equipment prices of which are reflected in the pleading. (iii) The Confidential Version will not be served on vendors if it contains the confidential equipment prices of more than one vendor. Other parties to this Protective Order may view the Confidential Version under the terms of this Protective Order. (b) Public Version. Any party filing a pleading that contains Confidential Information shall also prepare a separate public version in which all Confidential Information has been redacted. (i) On the same date that the Confidential Version is filed with the Commission, the party shall hand deliver the Public Version to the producing party and any vendors the equipment prices of which are included in Confidential Information and reflected in the Confidential Version. (ii) The producing party and vendors have five working days following receipt to object in writing to the filing of the Public Version. (iii) If no objections are filed, on the sixth working day following the delivery of the Public Version, the Public Version will be filed with the Commission for inclusion in the public record and will be served on all parties to the virtual collocation tariff review proceeding. (c) Computation of time. The time for filing responses to both the public and confidential versions of the pleading shall be computed from the day after the filing of the Public Version. See 47 C.F.R. Section 1.4(b) of the Commission s rules. Returning Material to Producing Party 18. Within thirty (30) days after completion of this proceeding and judicial review, the producing party may request the return of all Confidential Information furnished under the terms of this Protective Order. The Confidential Information must be returned within thirty (30) days after the request. Notes taken with regard to Confidential Information shall be destroyed at the time that Confidential Information is returned, in the presence of the party who produced the Confidential Information if that party so requests. Confidential Information made part of the record in any proceeding shall remain in the possession of the Commission, and, unless otherwise agreed by the party that produced the information or as provided by future order, shall continue to be subject to the protective requirements of this Protective Order. Other Rights Preserved 19. The signing of the Protective Order shall in no way constitute any waiver of the rights of any party to this protective order to contest any assertion of confidentiality or to appeal any finding that specific information is Confidential Information or should be subject to the protective requirements of this Order. The designation of any information as Confidential Information may be challenged before the Commission, or a court having jurisdiction to review a Commission determination, that said material should be so classified. 20. Disclosure of Confidential Information under this Protective Order shall not be deemed a waiver by either the producing party or the vendors the data of which are contained therein, in any other proceeding, agency, or court, of any privilege or entitlement to confidential treatment. Any parties receiving access to Confidential Information under this Order: (a) agree not to assert any such waiver; (b) agree not to use information derived from Confidential Information in any proceeding other than this one or for any purpose unrelated to other than this proceeding; and (c) agree that accidental disclosure of privileged information shall not be deemed a waiver of the privilege. 21. Nothing contained herein shall limit any party s right to judicial review of any decisions rendered hereunder. 22. Any failure to abide by the terms of its Protective Order may result in the imposition of sanctions, including dismissal of a party s petitions, or censure, suspension, or disbarment of the attorneys involved. See 47 C.F.R. Section 1.24. 23. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C. Section 154(i), (j) and 47 C.F.R. Section 0.457(d). Attachment A to the Protective Order Declarati on In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 94-97 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Virtual Collocation ) for Special Access and Switched Transport) ) Cincinnati Bell Telephone Company, ) FOIA Control Nos. Requests for Inspection of Records, ) 95-149, 223 Applications for Review ) ) Cincinnati Bell Telephone Company, ) Cost Support Filed under Request for ) Confidential Treatment ) I, ____________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential Information submitted by parties to this proceeding. I understand that the Confidential Information shall not be disclosed to anyone except in accordance with the terms of the Protective Order and shall be used only for purposes of the proceedings in this matter. I acknowledge that a violation of the Protective Order is a violation of an order of the Federal Communications Commission. I acknowledge that this Protective Order is also a binding agreement with the Submitting Party. (signed) (printed name) (representing) (title) (employer) (employer) (address) (address) (phone) (date) (date) Attachment B to the Protective Order Notification to Equipment Vendors Pursuant to the terms of the Protective Order entered in CC Docket No. 94-97, notice is hereby given to counsel or designated representative of an equipment vendor(s), pursuant to paragraph 6 of the Protective Order to CC Docket No. 94-97, that copies of its equipment prices contained in CBT s confidential virtual collocation cost support data have been disclosed to the person listed below pursuant to paragraph 5(a)(2) or 5(b). Statement of Receipt I, ___________________________________________ , as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of ____________ (insert name of equipment vendor) have received notice that equipment prices of ____________ (insert name of equipment vendor), as contained in CBT s confidential virtual collocation cost support data, have been disclosed to: Name: Title: Representing: Address: Facsimile No.: Signed on this ______ day of __________, 19__ Signature Attachment C to the Protective Order Facsimile Numbers and Addresses to be used for Notice to Counsel for Equipment Vendors Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Attachment D to the Protective Order Statement of Receipt I, , as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of (insert name of party) have received the sealed envelope marked Confidential Information for the purpose of making copies of said confidential information, pursuant to paragraph 12 of the Protective Order. These copies are to remain in the custody of: Name: Title: Address: Signed on this _______ day of _____________, 19__ APPENDIX C Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 94-97 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Virtual Collocation ) for Special Access and Switched Transport) ) The Ameritech Operating Companies, ) Cost Support Filed under Request for ) Confidential Treatment ) Protective Order 1. On this date, the Common Carrier Bureau is adopting both this protective order and an order addressing the requests of the Ameritech Operating Companies (Ameritech) for confidential treatment of certain cost support data submitted in the virtual collocation proceeding. In the order accompanying this protective order, the Bureau is granting in part and denying in part Ameritech's requests for confidential treatment in the virtual collocation proceeding. The Bureau is ruling that the cost support data must be disclosed, pursuant to this protective order, to all parties to the virtual collocation tariff review proceeding for the sole purpose of permitting participation in this proceeding, including any appeals. Definitions 2. The term "party" as used in this Protective Order means any entity that is participating in Federal Communications Commission (Commission) CC Docket No. 94-97 and is seeking access to confidential information, as defined below. 3. For purposes of this Order, "Confidential Information" shall include: (i) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith constitutes trade secrets and commercial or financial information that is privileged or confidential within the meaning of Exemption 4 of the Freedom of Information Act, 5 U.S.C.  552(b)(4), and (ii) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith falls within the terms of Commission orders in this proceeding designating items for treatment as confidential. Confidential Information shall also include information specifically designated by the Commission in this proceeding as confidential. The Commission may, sua sponte or upon petition, determine that all or part of the information claimed by the producing party as "Confidential Information" is not entitled to such treatment. Procedure 4. In filings made in this docket, Ameritech, the producing party, may designate certain documents and information it produces as "Confidential Information" consistent with the definition of that term in this Protective Order. All such documents and information shall be clearly labeled by Ameritech to show that the documents are considered "Confidential." 5. Personnel. (a) Counsel. All Confidential Information produced pursuant to this Protective Order shall be made available to parties solely through counsel for the parties, including in-house counsel, or persons working under the supervision of counsel within the following categories: (1) Attorneys, including in-house counsel, actively engaged in the conduct of this proceeding, secretaries, paralegal assistants, and employees of such an attorney to the extent reasonably necessary to assist in the review of tariff support materials and the preparation of documents in the proceeding, and (2) Any persons requested by counsel of record to furnish technical or other expert services, or otherwise to prepare material for the proceeding, except: (a) Disclosure shall be prohibited, subject to the limited exception set out in paragraph 5(b) below for deposition witnesses and outside consultants and experts, to persons now engaged, or who reasonably expect they will be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data. (b) For any such person who is in a position to use the information for competitive, commercial, or business purposes, other than those governed by subparagraph (a), disclosure shall be limited to the minimum extent necessary to obtain analysis and management guidelines for participation in this proceeding. In addition, disclosure shall be permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to obtain personnel who are not in a position to use the information for competitive, commercial or business purposes, and that such personnel do not exist. (b) Depositions. In the event the Commission orders that depositions may be taken, disclosure is permitted to persons noticed for depositions or designated as witnesses to the extent reasonably necessary to prepare testimony or to outside consultants or experts retained for the purpose of assisting counsel prepare testimony for such depositions. If such persons include those described in paragraph 5(a)(2)(a) above, then disclosure is permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to identify personnel with the same or substantially similar knowledge who are not now engaged, or who reasonably expect they will not be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data and that such personnel do not exist. (c) Personnel eligible to have access to Confidential Information pursuant to paragraphs 5(a) or (b) shall not be entitled to review any Confidential Information unless and until they sign Attachment A which states that they shall abide by the terms of the Protective Order. 6. Before a party, through counsel, discloses Ameritech's virtual collocation cost support data to any person listed in subparts (a) and (b) of paragraph 5(a)(2) who is a competitor (or any employee of, or consultant to, a competitor) of any equipment vendor the prices of which are contained in Ameritech's virtual collocation cost support data, the party shall give at least ten working days' advance notice in writing (initially via facsimile followed by first class mail, postage prepaid) to counsel for any equipment vendor the data of which are to be disclosed, stating the name and address of the person[s] to whom disclosure is to be made and stating the purpose of such disclosure in the form set forth in Attachment B. The facsimile numbers and addresses to be used for notice to the counsel for the equipment vendors are listed in Attachment C. Copies of the notice should be served on the Commission and all parties of record. If, within the ten-day period, a motion is filed objecting to the proposed disclosure, disclosure may not occur until the Commission has denied such motion and all appeals of the Commission denial of such motion are exhausted. 7. Prior to giving access to Confidential Information, as contemplated in Paragraphs 4-6 above, to any person authorized to be given access pursuant to this Order, counsel for the party seeking review of the Confidential Information shall deliver a copy of this Protective Order to such persons, and prior to disclosure, each such person shall agree in writing to comply with and be bound by this Protective Order in the form of Attachment A, attached hereto. Said counsel shall, at the time of the review of such Confidential Information, or as soon thereafter as practical, deliver to counsel for the party producing the Confidential Information a copy of Attachment A as executed, which shall show each signatory's full name, permanent address and employer, and the party with whom the signatory is associated. 8. Any party producing Confidential Information pursuant to this Order shall designate a Washington, D.C. location at which all parties shall be permitted access to and review of requested Confidential Information pursuant to the other terms of this Order. Any such access and review shall be limited to regular business hours after reasonable notice by the requesting party. 9. After reasonable request, two copies of information designated by the producing party as Confidential Information will be delivered to the party that requested the information, unless that information is voluminous. Unless otherwise ordered, voluminous information shall mean information of 300 pages or more. The two copies of the Confidential Information shall be provided to the requesting party's counsel of record who has agreed in writing to be bound by this Protective Order. Voluminous information designated as Confidential Information may be reviewed at the producing party's designated Washington, D.C. location. In addition, for voluminous information, the viewing party may request that two copies of some or all of the information be made at its expense, and be removed from the producing party's premises subject to all the other conditions in this Protective Order. 10. The copies are to be made by, or under the supervision of, the personnel of the party who produced such document, who will affix a stamp to each item to be copied denoting the Confidential designation of the item. The stamp shall be affixed in such a manner that the text of the Confidential Information is not obscured on either the original or any copies thereof. 11. The information produced shall be organized in a manner that clearly identifies each document or portion thereof that is claimed to be Confidential. Ameritech, the producing party, shall be responsible for producing the Confidential Information in a sealed envelope that is clearly marked on the outside as containing Confidential Information and that clearly specifies the numbers of pages contained therein. 12. Counsel of record for the party authorized hereunder who requested the copies shall sign a statement in the form of Attachment D attached hereto verifying that the sealed envelope clearly marked as containing Confidential Information has been received and designating the name and address of the individual into whose custody the copies shall be delivered. The designated representative of the producing party shall also sign Attachment D and verify to whom the sealed envelope was delivered. Access to said copies shall be limited to those persons defined in Paragraph 5 of this Order. No additional copies shall be made, unless the parties agree otherwise, or upon a showing of a good cause the Commission directs otherwise. 13. Persons that have agreed in writing to be bound by this Protective Order and are therefore permitted access to Confidential Information by this Order may take notes regarding such information as may be necessary in connection with this proceeding. Such notes shall be treated in the same manner as the Confidential Information from which the notes were taken. Storage at the Commission 14. Confidential Information, including that portion of testimony containing references thereto, if filed with the Commission, shall clearly be labeled as Confidential and filed under seal, and shall be segregated in the files of the Commission, and shall be withheld from inspection by any person not bound by the terms of this Protective Order, unless such Confidential Information is released from the restrictions of this Order either through agreement of the parties, or, after notice to the parties and hearing, pursuant to the order of the Commission Staff, the Commission, or a court. Good Faith Use of Material 15. All persons having access to the confidential data shall use their best efforts to keep the Confidential Information secure in accordance with the purposes and intent of this Protective Order. To this end, persons having custody of any Confidential Information shall keep the documents properly secured during all times when the documents are not being reviewed by a person authorized to do so. 16. As obtained pursuant to this Order, Confidential Information shall be used exclusively for purposes of participating in this proceeding, including any appeals, and shall not be used or disclosed for any other purpose. The limitation on the use or disclosure of Confidential Information shall be construed to prohibit disclosure orally or in writing or through reproduction or by any other means to anyone not designated under paragraph 5 of all information contained therein. The limitation shall also be construed to prohibit making decisions, participating in any decision making process or rendering advice, legal or otherwise, wherein any information or knowledge derived from said information is used in any manner other than for purposes of this proceeding. 17. Persons obtaining access to Confidential Information under the terms of this order may disclose, describe, or discuss the Confidential Information in any pleading filed in CC Docket No. 94- 97, but only if they file both a confidential version and a public version of the pleading under the following procedures: (a) Confidential Version. (i) Any pleading that includes Confidential Information shall be filed under seal and clearly marked "Contains Confidential Information Subject to Protective Order, CC Docket No. 94-97" and covered by a separate letter citing this Order. (ii) Subject to exceptions noted in (iii) below, any pleading containing Confidential Information shall be served only upon the Commission, the producing party, and any vendor the confidential equipment prices of which are reflected in the pleading. (iii) The Confidential Version will not be served on vendors if it contains the confidential equipment prices of more than one vendor. Other parties to this Protective Order may view the Confidential Version under the terms of this Protective Order. (b) Public Version. Any party filing a pleading that contains Confidential Information shall also prepare a separate public version in which all Confidential Information has been redacted. (i) On the same date that the Confidential Version is filed with the Commission, the party shall hand deliver the Public Version to the producing party and any vendors the equipment prices of which are included in Confidential Information and reflected in the Confidential Version. (ii) The producing party and vendors have five working days following receipt to object in writing to the filing of the Public Version. (iii) If no objections are filed, on the sixth working day following the delivery of the Public Version, the Public Version will be filed with the Commission for inclusion in the public record and will be served on all parties to the virtual collocation tariff review proceeding. (c) Computation of time. The time for filing responses to both the public and confidential versions of the pleading shall be computed from the day after the filing of the Public Version. See 47 C.F.R.  1.4(b) of the Commission's rules. Returning Material to Producing Party 18. Within thirty (30) days after completion of this proceeding and judicial review, the producing party may request the return of all Confidential Information furnished under the terms of this Protective Order. The Confidential Information must be returned within thirty (30) days after the request. Notes taken with regard to Confidential Information shall be destroyed at the time that Confidential Information is returned, in the presence of the party who produced the Confidential Information if that party so requests. Confidential Information made part of the record in any proceeding shall remain in the possession of the Commission, and, unless otherwise agreed by the party that produced the information or as provided by future order, shall continue to be subject to the protective requirements of this Protective Order. Other Rights Preserved 19. The signing of the Protective Order shall in no way constitute any waiver of the rights of any party to this protective order to contest any assertion of confidentiality or to appeal any finding that specific information is Confidential Information or should be subject to the protective requirements of this Order. The designation of any information as Confidential Information may be challenged before the Commission, or a court having jurisdiction to review a Commission determination, that said material should be so classified. 20. Disclosure of Confidential Information under this Protective Order shall not be deemed a waiver by either the producing party or the vendors the data of which are contained therein, in any other proceeding, agency, or court, of any privilege or entitlement to confidential treatment. Any parties receiving access to Confidential Information under this Order: (a) agree not to assert any such waiver; (b) agree not to use information derived from Confidential Information in any proceeding other than this one or for any purpose unrelated to other than this proceeding; and (c) agree that accidental disclosure of privileged information shall not be deemed a waiver of the privilege. 21. Nothing contained herein shall limit any party's right to judicial review of any decisions rendered hereunder. 22. Any failure to abide by the terms of this Protective Order may result in the imposition of sanctions, including dismissal of a party's petitions, or censure, suspension, or disbarment of the attorneys involved. See 47 C.F.R. 1.24. 23. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C.  154(i), (j) and 47 C.F.R.  0.457(d). Attachment A to the Protective Order Declaration In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 94-97 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Virtual Collocation ) for Special Access and Switched Transport) ) The Ameritech Operating Companies, ) Cost Support Filed under Request for ) Confidential Treatment ) I, ______________________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential Information submitted by parties to this proceeding. I understand that the Confidential Information shall not be disclosed to anyone except in accordance with the terms of the Protective Order and shall be used only for purposes of the proceedings in this matter. I acknowledge that a violation of the Protective Order is a violation of an order of the Federal Communications Commission. I acknowledge that this Protective Order is also a binding agreement with the Submitting Party. (signed) _______________________________ (printed name) __________________________ (representing) ___________________________ (title) __________________________________ (employer) _____________________________ (address) _______________________________ _______________________________ (phone) ________________________________ (date) __________________________________ Attachment B to the Protective Order Notification to Equipment Vendors Pursuant to the terms of the Protective Order entered in CC Docket No. 94-97, notice is hereby given to counsel or designated representative of an equipment vendor(s), pursuant to paragraph 6 of the Protective Order to CC Docket No. 94-97, that copies of its equipment prices contained in Ameritech's confidential virtual collocation cost support data have been disclosed to the person listed below pursuant to paragraph 5(a)(2) or 5(b). Statem ent of Receipt I, ___________________________________________, as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of ____________ (insert name of equipment vendor) have received notice that equipment prices of ____________ (insert name of equipment vendor), as contained in Ameritech's confidential virtual collocation cost support data, have been disclosed to: Name: __________________________________ Title: __________________________________ Representing: ________________________________ Address: _______________________________ _______________________________ Facsimile No:___________________________ Signed on this ________ day of ________, 19__ _______________________ Signature Attachment C to the Protective Order Facsimile Numbers and Addresses to be used for Notice to Counsel for Equipment Vendors Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Attachment D to the Protective Order Statement of Receipt I, ___________________________________________, as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of ____________ (insert name of party) have received the sealed envelope marked "Confidential Information" for the purpose of making copies of said confidential information, pursuant to paragraph 12 of the Protective Order. These copies are to remain in the custody of: Name: __________________________________ Title: __________________________________ Address: _______________________________ Signed on this ________ day of ________, 19__ _______________________ Name:_________________