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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) AT&T CORPORATION, et al., ) Complainants, ) v. ) File No. E-98-41 ) AMERITECH CORPORATION, ) Defendant, and ) ) QWEST COMMUNICATIONS ) CORPORATION, ) Defendant-Intervenor; ) ) AT&T CORPORATION, et al., ) Complainants, ) v. ) File No. E-98-42 ) U S WEST COMMUNICATIONS, INC., ) Defendant, and ) ) QWEST COMMUNICATIONS ) CORPORATION, ) Defendant-Intervenor; ) ) MCLEODUSA TELECOMMUNICATIONS ) SERVICES, INC., et al., ) Complainants, ) v. ) File No. E-98-43 ) U S WEST COMMUNICATIONS, INC., ) Defendant; ) ) MCLEODUSA TELECOMMUNICATIONS ) SERVICES, INC., ) Complainant, ) v. ) File No. E-98-44 ) AMERITECH CORPORATION, ) Defendant. ) PROTECTIVE ORDER Adopted: August 11, 1998; Released: August 11, 1998 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. This Protective Order is intended to facilitate the full and meaningful discussion of Confidential Information that is offered orally during the course of the status conference to be held on Wednesday, August 12, 1998, at 2:00 pm in the Commission meeting room, located at 1919 M Street, N.W., Washington, D.C., 8th floor. It reflects the manner in which such Confidential Information, as defined herein, is to be treated. 2. Procedures for Claiming Information is Confidential. A party seeking confidential treatment of information offered orally (Submitting Party) may designate the information as such immediately prior to, or directly after, the information is offered by affirmatively stating, for the record, that the information about to be offered (or just offered) should be treated as confidential. In designating information as Confidential Information, a party represents that he or she has determined in good faith that the information constitutes trade secrets or commercial or financial information, as defined in Section 0.457 of the Commission's rules, 47 C.F.R.  0.457. Confidential Information shall include statements made on video and audio tape, as well as statements in the record of the status conference that are subsequently transcribed into written form. Any party that prepares a written transcript of the status conference shall designate the specific portions of the transcript claimed to contain Confidential Information and shall also prepare a redacted version not containing Confidential Information for use by persons not subject to this Protective Order. 3. Use of Confidential Information. Confidential Information shall not be used by any party, or any person attending the status conference, for any purpose other than for use in the above- captioned proceedings (including any subsequent administrative or judicial review) unless otherwise ordered by the Commission or a court of competent jurisdiction, shall not be used for competitive business purposes, and shall not be used or disclosed except in accordance with this Protective Order. This requirement shall not preclude the use of any material or information that is in the public domain or has been developed independently by any person who has not had access to the Confidential Information or otherwise learned of its contents. 4. Violations of Protective Order. Should a party or person who has properly obtained access to Confidential Information under this Protective Order violate any of its terms, it shall immediately convey that fact to the Commission and Submitting Party. Further, should such violation consist of improper disclosure or use of Confidential Information, the violating party or person shall take all necessary steps to remedy the improper disclosure or use. The violating party or person shall also immediately notify the Commission and the party offering the Confidential Information, in writing, of the identity of each party or person known or reasonably suspected to have obtained the Confidential Information through any such disclosure. The Commission retains its full authority to fashion appropriate sanctions for violations of this Protective Order, including but not limited to suspension or disbarment of attorneys from practice before the Commission, forfeitures, cease and desist orders, and denial of further access to Confidential Information in this or any other Commission proceeding. Nothing in this Protective Order shall limit any other rights and remedies available to the Submitting Party at law or equity against any party or person using Confidential Information in a manner not authorized by this Protective Order. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 208, the authority delegated under Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, and Section 0.457 of the Commission's rules, 47 C.F.R.  0.457, that the Protective Order is hereby ADOPTED. Nothing in this Protective Order shall restrict the Commission's authority to use information or materials obtained in the course of these proceedings. 6. IT IS FURTHER ORDERED that this Order shall be effective upon adoption. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau DECLARATION In the Matter of AT&T CORPORATION, et al. v. AMERITECH CORPORATION and QWEST COMMUNICATIONS CORPORATION, File No. E-98-41 AT&T CORPORATION, et al. v. U S WEST COMMUNICATIONS, INC. and QWEST COMMUNICATIONS CORPORATION, File No. E-98-42 MCLEODUSA TELECOMMUNICATIONS SERVICES, INC., et al v. U S WEST COMMUNICATIONS, INC., File No.E-98-43 MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. v. AMERITECH CORPORATION, File No. E-98-44 I, ______________________________, hereby declare under penalty of perjury that I have read the Protective Order in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential Information offered during the course of the status conference. 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) ___________________________ (phone) ________________________________ (date) __________________________________