WPCQ 2?BJZECourier3|j#XP\  P6Q9XP#HP LaserJet 4M (PCL) (Add) RM 6326HL4MPCAD.PRSx  @\$4t+(&@^&:&G\&GShMM]MZEU؃jBjPCF u6b6bj'PhPPd2j^ ZnWK3|jHP LaserJet 4M (PCL) (Add) RM 6326HL4MPCAD.PRSx  @\$4#&Q2PQ&P##C\  P6QP#heading 7heading 7&;1#I2PQP##C\  P6QP#heading 8heading 8'>4#I2PQP##C\  P6QP#heading 9heading 9(>4#B2PQP##C\  P6QP#2)>)9*:+<,e=Default Paragraph FoDefault Paragraph Font)11#XP\  P6QXP##C\  P6QP#footerfooter*X` hp x (#!!X` hp x (#captioncaption+;#XP\  P6QXP#texttext,;1#XP\  P6QXP##C\  P6QP#2B-[>.?/=A0Afootnote textfootnote text-;1#XP\  P6QXP##C\  P6QP#headerheader.X` hp x (#!!X` hp x (#footnote referencefootnote reference/44#XP\  P6QXP##C\  P6QP#endnote referenceendnote reference044#XP\  P6QXP##C\  P6QP#2\B f KF5ZQ<?xxx,ix6X@`7X@=7jC:,9Xj\  P6G;XP>y.X80,X\  P6G;P?7nC:,|Xn4  pG;Xt,X5.,SX4  pG;?7nC:,|Xn4  pG;X\@5hC:,-2Xh*f9 xr G;XXt,U5.,YU\  P6G;P=7jC:,9Xj\  P6G;XP1CC,DNX\o pvN7X",tB^ f ^CH]4CCCCCQCCxxx?hovCQCdd4vhCC?hoksddd8CdCvzzzz?C?C?C?Ctlllltltlt8C?l0lPokkFtttHHdvod|\|Httx`sx`Cdd444WddddddddddddddddddddddddddddddddddddddddNdJzvvooYhddY44UUFFzzddd4UdY"dd9)dCCzCdv`CosdzUvdddCCCCsvodszd]sz?4ddvo`szsz]]vozCsCCCzdYC\   pxtll\tll@\@\`LP X- #Xj\  P6G;9XP#x` `  Federal Communications Commission `)(#  DA 982069 ă ______________________________________________________________________________ A8Before the  X-  Federal Communications Commission ă Washington, D.C. 20554  X1-RCN Telecom Services of Connecticut, Inc., et al.,pp) x` `  hh@hpp)  X -x` `  Complainants,@hpp) x` `  hh@hpp)  X -v.x` `  hh@hpp) File Nos. E9822, et al. x` `  hh@hpp)  X -Bell AtlanticDelaware, Inc., et al., @hpp) x` `  hh@hpp)  X-x` `  Defendants. hh@hpp)  X:-; ORDER ă  X -xAdopted October 14, 1998hh@hppReleased October 14, 1998 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau:  X-x1.` ` The parties have executed a negotiated Protective Agreement regarding treatment of confidential material in the abovecaptioned proceeding. Pursuant to Sections 0.459 and 1.727(a) of the Commission's rules, 47 C.F.R.  0.459, 1.727(a), the parties have requested that the Commission enter an order accepting their agreement.  X&-x2.` ` We have reviewed the terms of the Protective Agreement, and are persuaded that the public interest would be served by adopting the Protective Agreement, a copy of which is appended hereto. The Protective Agreement is consistent with Section 1.731 of the Commission's rules, 47 C.F.R.  1.731, and should facilitate the orderly exchange of relevant information in these proceedings.  X"-x3.` ` Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), and the authority delegated under Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that the parties' joint request for approval and adoption of the Protective Agreement appended hereto IS GRANTED. Nothing in this Order, or the Protective Agreement appended hereto,"@&0*''JJ$" shall restrict the Commission's authority to use information or materials obtained in the course of these proceedings.  Xv-x4.` ` IT IS FURTHER ORDERED that this Order shall be effective upon adoption. FEDERAL COMMUNICATIONS COMMISSION  X -x` `  hh@  X -x` `  hh@Alexander P. Starr x` `  hh@Chief x` `  hh@Formal Complaints and Investigations Branch x` `  hh@Enforcement Division x` `  hh@Common Carrier Bureau "0*&&JJ"   8ABefore the   X-  X  Federal Communications Commission  Washington, D.C. 20554 T T T+captionP#XP\  P6Q9XP# T ddx!ZZ   @@@T      X-RCN Telecom Services of Connecticut, Inc., et  Xx-al., 44Complainants, 44 v.  X -Bell AtlanticDelaware, Inc., et al., 44Defendants. )))))))))   X1-File Nos. E9822, et al.    -+caption headingT#XP\  P6Q9XP#   X^- PROTECTIVE AGREEMENT  X-TPx1.` ` Documents submitted to the Commission in the course of this complaint proceeding may represent or contain confidential or proprietary information. To ensure that documents and materials in the above-referenced proceeding considered by the parties to be confidential and proprietary are afforded protection, the parties hereby enter into this   Protective Agreement:  Xd-x2.` ` Confidential Information. Any materials generated or provided by a party in response to discovery or filed in this proceeding may be designated as "Confidential Information" by that party if the party believes in good faith that the materials are confidential or proprietary, fall within an exemption to disclosure contained in the Freedom of Information  X-Act ("FOIA"), 5 U.S.C. #XaptQ NX#'# XP\  P6Q9XP# 552(b)(1)-(9), are entitled to protection from disclosure under any other provision of Federal law, or are subject to existing non-disclosure obligations to a Third Party. Any party asserting confidentiality for such materials shall so indicate by clearly marking on each page, or portion thereof, for which a Confidential Information designation is  X-claimed "Confidential--Subject To Protective Conditions In File Nos. E-98-22, et al., Before The Federal Communications Commission" or other markings that are reasonably calculated to alert custodians of the material to its confidential or proprietary nature. Except with the prior written consent of the party or other person who has designated a document to be stamped as Confidential Information, or as hereinafter provided, no Confidential Information may be disclosed to any person. For purposes of this Protective Agreement, the term "document" means all written, recorded or graphic material, and non-paginated items such as computer tapes, diskettes, and CD ROMs, whether produced or created by a party or another person, whether produced pursuant to the Commission's rules, subpoena, by agreement, or otherwise. "$0*&&JJ#e" Interrogatory answers, pleadings, motions, affidavits, and briefs that quote, summarize, or contain materials entitled to protection are accorded status as Confidential Information, and to the extent feasible, shall be prepared in such a manner that the Confidential Information is   bound separately from that not entitled to protection.  Xl-x3.` ` Permissible Disclosure of Confidential Information.  X-x` ` (a) Notwithstanding paragraph 2, Confidential Information provided pursuant to this Protective Agreement may be disclosed without prior consent only to the following persons, only in prosecuting this proceeding, including any appeals or reconsideration thereof, and only to the extent necessary to assist in prosecuting this   proceeding or any appeals or reconsideration thereof:  Xr -x` `  (1)Counsel of record representing a party in this proceeding, and any legal support personnel (e.g., paralegals and clerical employees) employed by such   attorneys.  X-x` `  (2)Other employees, officers, or directors of a party who have not been, are not currently, and do not reasonably expect to be involved in the marketing of local exchange or voice messaging services to end users, provided that such employees, officers,   directors, consultants or experts are under the supervision of counsel of record.  Xa-x` `  (3)Consultants, experts or witnesses retained by a party, who have not been, are not currently, and do not reasonably expect to be involved in the marketing of local exchange or voice messaging services to end users by that party or a direct competitor of any party, provided that such consultants, experts or witnesses are under the supervision of   counsel of record  X-x` `  (4)The Commission, reviewing courts, or their staffs.  Xg-x` `  (5)Any person designated by the Commission in the interest of   justice, upon such terms as the Commission may deem proper.  X-x` ` (b) Persons obtaining access to Confidential Information under this Protective Agreement shall not disclose information designated as Confidential Information to any person who is not authorized under this section to receive such information, and shall not use the information in any activity or function other than in prosecuting this proceeding before this Commission or any Commission staff member, or before any reviewing court. This limitation, however, shall not be read as limiting any party seeking access to Confidential Information under this Protective Agreement from separately seeking access to Confidential Information for use in another proceeding. At least five (5) business days before any individual is provided access to Confidential Information pursuant to Sections (a)(1), (a)(2), (a)(3) or (a)(5) of this paragraph, that individual must first sign a statement affirmatively certifying that the individual has personally reviewed this Protective Agreement and understands and agrees to be bound by the limitations it imposes on the signing party and"',^(^(JJ%e" provide that signed statement to counsel for the producing party. The form of the certification to be used is Attachment A to this Protective Agreement. The producing party may file an objection with the Commission within three (3) business days of receiving a signed certification and the receiving party may respond within two (2) business days of receiving the objection. In order to allow the Commission an opportunity to resolve the objection, the person subject to an objection shall not have access to Confidential Information   for an additional ten (10) business days.  X'-x` ` (c) No copies or notes of materials marked Confidential may be made except copies or notes to be used by persons designated in paragraph (a) of this section. Any Party may copy any Confidential materials unless it bears the legend Copying Prohibited. Any party may apply to the Commission for permission to copy any Confidential materials that bears the legend Copying Prohibited. Each Party must maintain a written record of any copies made of Confidential materials and provide this record to the producing Party upon reasonable request. Each Party having custody of any Confidential materials shall keep the   documents properly secured at all times.  X7-x` ` (d) Within 60 days of termination of this proceeding, including all appeals and petitions, all originals and reproductions of any Confidential materials, shall be returned   to the producing party.  X-x4.` ` Declassification. A party may apply to the Commission for a ruling that documents, categories of documents, or deposition transcripts, stamped or designated as confidential, are not entitled to such status and protection. The party or other person that designated the document or testimony as confidential shall be given notice of the application and an opportunity to respond. To maintain confidential status, the proponent of confidentiality must show by a preponderance of the evidence that the materials fall within an  X0-exemption to disclosure contained in the Freedom of Information Act, 5 U.S.C. #XaptQ NX#'# XP\  P6Q9XP#   552(b)(1)-(9), or are subject to existing nondisclosure obligations to a third party.  X-x5.` ` Confidential Information Offered in Evidence or Filed in the Record. Subject to the Commission's rules and the Protective Order entered in this proceeding, Confidential Information may be offered into evidence or in the record made by the parties and submitted to the Commission. The party producing Confidential documents shall ensure that each page  Xt-bears the legend "Confidential--Subject To Protective Conditions In File No. E-98-22, et al., Before The Federal Communications Commission" or other markings that are reasonably calculated to alert custodians of the material to its confidential or proprietary nature. Pursuant to this Protective Agreement, any party may move before the Commission or a Commission staff member for an order that the evidence be received in camera or under other conditions to prevent unnecessary disclosure. The Commission, Common Carrier Bureau or Commission staff member will then determine whether the proffered evidence should continue to be treated as Confidential Information and, if so, what protection, if any, may be afforded to such information at any hearing or other proceeding. The Commission may, sua sponte, determine that all or part of the information claimed by the producing party to be confidential is not"&,^(^(JJb%e"  X-entitled to such treatment. See generally 47 C.F.R. #XaptQ NX#'# XP\  P6Q9XP# 0.459.  X-x6.` ` Subpoena by Courts or Other Agencies. If a court or other administrative agency subpoenas or orders production of Confidential Information which a party has obtained under the terms of this Protective Agreement, such party shall promptly (within two business days) notify the party (or other person who designated the document as confidential) of the pendency of such subpoena or order to allow that party time to object to that production or   seek a protective order.  X-x7.` ` Client Consultation. Nothing in this Protective Agreement shall prevent or otherwise restrict counsel from rendering advice to their clients and, in the course thereof, relying generally on examination of Confidential Information, provided, however, that in rendering such advice and otherwise communicating with such client, counsel shall not make specific disclosure of or reference to any Confidential Information except under the   procedures of paragraph 3 above.  X3-x8.` ` Use. Persons obtaining access to Confidential Information under this Protective Agreement shall use the information only for preparation of and the conduct of litigation in this proceeding and any related appeals or review proceedings, and shall not use such information for any other purpose, including business or commercial purposes, or governmental or other administrative or judicial proceedings. The prior sentence shall not, however, be read as limiting any party obtaining access to Confidential Information under this Protective Agreement from separately seeking access to Confidential Information for use in another proceeding. Any party may, in any pleadings that they file in this proceeding, reference the Confidential Information, but only if that party complies with the following   procedures:  X-x` ` (a) Any portions of the pleadings that contain or disclose Confidential   Information must be physically segregated from the remainder of the pleadings;  X-x` ` (b) The portions containing or disclosing Confidential Information must be   covered by a separate letter referencing the Protective Order in this proceeding;  XI-x` ` (c) Each page of any partys filing that contains or discloses Confidential Information subject to the Protective Order in this proceeding must be clearly marked:  X-"Confidential--Subject To Protective Conditions In File No. E-98-22, et al., Before The   Federal Communications Commission; and  X!-x` ` (d) The Confidential portion(s) of the pleading, to the extent they are required to be served, shall be served upon the Secretary of the Commission, the producing party, and those reviewing parties that have signed the certification attached as Attachment A to this Protective Agreement. Such Confidential portions shall be served under seal. They shall not be placed in the Commissions Public File unless the Commission directs otherwise (with notice to the producing party and an opportunity to comment on such proposed disclosure). Any party filing a pleading containing Confidential Information shall also file a"-',^(^(JJ%e" redacted copy of the pleading containing no Confidential Information, which copy shall be placed in the Commissions public files. Any party may provide courtesy copies of pleadings containing Confidential Information to Commission staff so long as the notation required by   subsection (c) of this paragraph is not removed.  Xl-x9.` ` No Waiver of Confidentiality. Disclosure of Confidential Information as provided herein shall not be deemed a waiver by the producing party of any privilege or entitlement to confidential treatment of such Confidential Information. Reviewing Parties, by viewing these materials: (a) agree not to assert any such waiver; (b) agree not to use information derived from any confidential materials to seek disclosure in any other proceeding; and (c) agree that accidental disclosure of Confidential Information shall not be   deemed a waiver of any privilege.  X -x11.` ` Violations of Protective Order. Should a party that has properly obtained access to Confidential Information under the Protective Agreement violate any of its terms, it shall immediately convey that fact to the Commission and to the producing party. Further, should such violation consist of improper disclosure or use of Confidential Information, the violating party shall take all necessary steps to remedy the improper disclosure or use. The violating party shall also immediately notify the Commission and the producing party, in writing, of the identity of each individual 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 the Protective Order entered in this proceeding, 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 Agreement shall limit any other rights and remedies available to the producing party at law or equity against any party using Confidential Information in a manner not   authorized by this Protective Agreement.  X-x12.` ` Non-Termination. The provisions of this Protective Agreement shall not   terminate at the conclusion of this proceeding.  X-x13.` ` Objections to Discovery. Nothing in this Protective Agreement shall prevent   any party from objecting to discovery that it believes to be otherwise improper.",^(^(JJe"     X-x14.` ` Responsibilities of Parties. The parties are responsible for employing reasonable measures to control, consistent with this Protective Agreement, duplication of,   access to, and distribution of Confidential Information.   x  heading+caption#XP\  P6Q9XP# O!ZZ   @@@AZZ> @@O  N     RCN Telecom Services of Connecticut, Inc.,  RCN Telecom Services of Delaware, Inc., RCN Telecom Services of Maryland, Inc., RCN Telecom Services of Massachusetts, Inc., RCN Telecom Services of New Jersey, Inc., RCN Telecom Services of Pennsylvania, Inc., RCN Telecom Services of Philadelphia, Inc., RCN Telecom Services of Rhode Island, Inc., RCN Telecom Services of Virginia, Inc.,   Q+caption headingM #XP\  P6Q9XP#dRCN Telecom Services of Washington, D.C.    By: ___________________________ Dated:__________________________ dT heading+captionې  #XP\  P6Q9XP#3   Bell AtlanticDelaware, Inc.,  Bell AtlanticMaryland, Inc., Bell AtlanticNew Jersey, Inc., Bell AtlanticPennsylvania, Inc., Bell AtlanticVirginia, Inc., Bell AtlanticWashington, D.C., Inc., U+caption heading#XP\  P6Q9XP#nrNew England Telegraph and   Telephone Company       By: _______________________   Dated: _____________________N   x   ",^(^(JJ&"  X- X ] Attachment A   X(# X T  Xb- CERTIFICATION   TPx   xI, _______________________________, declare under penalties of perjury as follows:   x(1) I am employed as _____________________ [title] at ___________________    _______________________________________________________[employer and address].  &W heading+caption#XP\  P6Q9XP#x(2) I have personally reviewed the attached Protective Order in Federal  X -Communications Commission File Nos. E9822, et al., RCN Telecom Services of  X -Connecticut, Inc., et al., v. Bell AtlanticDelaware, Inc., et al. I understand the Protective   Order, and I agree to be bound by its provisions.  \____________________________________