Federal Communications Commission DA 10-381
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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
WaveDivision Holdings, LLC; Horizon Cable TV, 
Inc.; Stanford University; and City of San Bruno, 
California,
Complainants,
v. 
Comcast Corporation; SportsChannel Pacific 
Associates; Comcast SportsNet West, Inc.; 
Comcast Cable Communications, Inc.; Comcast 
Cable Communications Holdings, Inc.; Comcast 
Cable Holdings, LLC; and Comcast MO Group, 
Inc.,
Defendants.
Request for Enhanced Confidential Treatment
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CSR-8257-P
ORDER
Adopted:  March 4, 2010 Released:  March 4, 2010
By the Chief, Media Bureau:
I. INTRODUCTION
1. On February 17, 2010, Comcast Corporation, Comcast Cable Communications, LLC, 
SportsChannel Pacific Associates, Comcast SportsNet West, Inc., Comcast Cable Communications, Inc., 
Comcast Cable Communications Holdings, Inc., Comcast Cable Holdings, LLC, and Comcast MO 
Group, Inc. (collectively, “Comcast”) submitted a request for enhanced confidential treatment for what it 
terms as a very narrow category of materials to be submitted with or referenced in Comcast’s Answer or 
in any other Comcast pleadings in the above-captioned program access complaint filed by WaveDivision 
Holdings, LLC, Horizon Cable TV, Inc., Stanford University, and the City of San Bruno, California 
(collectively, “Complainants”).1 For the reasons set forth below, we adopt a Protective Order, attached as 
Appendix A, to ensure that certain highly confidential and competitively sensitive documents and 
information that may be submitted by the parties are afforded adequate protection.
  
1 Letter Request for Enhanced Confidential Treatment to Marlene H. Dortch, Secretary, FCC from David P. Murray, 
Counsel for Comcast, at 1 (Feb. 17, 2010).  
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II. BACKGROUND
2. We note that Comcast submitted a proposed model of a Protective Order for the 
Commission to use in this proceeding.2  This submission, according to Comcast, is nearly identical to the 
protective order the Commission adopted in a 2006 program access case involving HBO and EchoStar, 
with modifications to change the names of the parties covered by the proposed order and the legends used 
to mark confidential material.3 Comcast subsequently informed the Commission that all parties to the 
proceeding mutually agree to Comcast’s proposed Protective Order.4
3. Comcast seeks enhanced protection that would limit distribution to outside counsel and 
their consultants/employees for program carriage agreements between Comcast SportsNet’s regional 
sports networks and entities other than Complainants, including any quotations, descriptions, or specific 
information derived from such agreements, as well as offers of such agreements (in the aggregate, 
“Affiliation Agreements”).5 Comcast submits that the vast majority of the information to be included in 
Comcast’s Answer will be submitted without request for such enhanced confidential treatment.6
4. Comcast asserts that Affiliation Agreements are Comcast SportsNet’s most sensitive 
documents.  According to Comcast, these contracts, which contain information that is at the very heart of 
how Comcast SportsNet conducts its business, are highly proprietary and are maintained in the strictest 
confidence.  Accordingly, Comcast contends that even inadvertent disclosure of such contracts would 
harm Comcast SportsNet and place it at a significant competitive disadvantage.7 Comcast states that the 
Commission has consistently recognized, “disclosure of programming contracts between multichannel 
video program distributors and programmers can result in substantial competitive harm to the information 
provider.”8  
5. Comcast contends that access to its Affiliation Agreements by programmers or 
distributors would have a severe negative impact on Comcast SportsNet because Comcast’s competitors 
could use this information to Comcast’s disadvantage.9 As an example, Comcast submits that any 
programmer that gained access to this information would be able to determine the terms, conditions, and 
pricing structure by which Comcast SportsNet sells its programming to distributors.10 Comcast asserts 
that this would enable such programmer to act strategically to price and market its own services in a way 
  
2 See Protective Order submitted as attachment to Letter Request for Enhanced Confidential Treatment.
3 Letter Request for Enhanced Confidential Treatment at 3 (citing EchoStar Satellite L.L.C. v. Home Box Office, 
Order, 21 FCC Rcd 14197 (MB 2006)).
4 Letter from David P. Murray, Counsel for Comcast, to Marlene H. Dortch, Secretary, FCC (Feb. 25, 2010) 
(attaching executed declarations of counsel for Complainants).
5 Letter Request for Enhanced Confidential Treatment at 1. 
6 Id.
7 Id. at 1-2.
8 Id. at 2, citing Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to 
the Commission, 13 FCC Rcd 24816, ¶ 61 (1998) (“Confidential Information Order”).
9 Letter Request for Enhanced Confidential Treatment at 2.
10 Id.
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that could cause significant harm to Comcast SportsNet’s business and the competitive process 
generally.11  
6. Similarly, Comcast contends that any distributor that could access Comcast’s Affiliation 
Agreements would have an enormous advantage over Comcast SportsNet in future contract negotiations.  
As an example, Comcast states that if a distributor knew the terms of Comcast’s carriage agreement with 
another distributor, it would have extraordinary leverage against Comcast SportsNet when negotiating its 
own carriage agreement and this would be highly prejudicial to Comcast SportsNet and destructive of the 
competitive process.12 Comcast also states that disclosure of the terms and conditions of the Affiliation 
Agreements could enable an MVPD to determine the terms, conditions, and pricing structure under which 
a third party obtains programming, which would enable the MVPD to act strategically to price and market 
its own services in a way that could cause significant harm to the third party’s business.13
7. Comcast further asserts that its Affiliation Agreements contain a strict confidentiality 
provision that prohibits the parties to the contract from divulging the specific contents of the contract.  
Thus, even where narrow exceptions are provided for (such as for disclosures required by law or a 
governmental agency), they are accompanied by strict requirements to obtain the highest possible level of 
confidentiality.  Comcast states that the purpose of these confidentiality provisions is to protect all parties 
to the contract.  Comcast contends that it is therefore necessary that the Commission grant a higher level 
of confidentiality to protect these third parties and to avoid inadvertently abrogating private contracts.14
8. Comcast states that providing enhanced protection for Affiliation Agreements will not 
prevent Complainants from using the information to reply to Comcast’s Answer or to otherwise defend 
the positions they have taken in the Complaint.  Comcast asserts that providing this protection means only 
that Complainants must do so through outside counsel and consultants.15
III. DISCUSSION
9. We believe that Comcast has justified its request for enhanced confidential treatment of 
the documents in this proceeding, and that enhanced confidential treatment is necessary to protect certain 
highly sensitive material.  Comcast has provided adequate justification for its request, explaining with 
particularity why the information sought to be protected is so competitively sensitive that additional 
protection is warranted and maintaining that such information is closely guarded and is not made 
available publicly.  The information sought to be protected is necessary to the development of a more 
complete record on which the Commission can base its decision in this proceeding. Furthermore, the 
Protective Order has been agreed to by the parties.  Accordingly, we will adopt the Protective Order 
proposed by Comcast and attached at Appendix A.  Any party seeking access to highly confidential 
documents subject to the Protective Order shall request access pursuant to the terms of the Protective 
Order and must sign the Declaration provided as Attachment A to the Protective Order.
  
11 Id.
12 Id.
13 Id.
14 Id.
15 Id. at 3.
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10. The attached Protective Order reflects Comcast’s desire, given the highly confidential 
nature of the information at issue, to preclude employees of Comcast and Complainants from access to 
such information.  This is consistent with past Commission action involving protective orders relating to 
highly confidential information.  In this regard, we note that Complainants have not filed a response to 
Comcast’s request for enhanced confidential treatment, but have communicated through Comcast’s 
counsel that they do not object to Comcast’s proposed Protective Order.16 Nevertheless, we do not intend 
by this Order to prejudge this issue.  If either party believes that it is necessary for purposes of effectively 
adjudicating this proceeding that specific employees be granted access to the highly confidential 
information subject to the Protective Order, it may file a motion to amend the Protective Order.  At a 
minimum, such motion should include: (i) the title, name, and job description for each employee for 
which access to the highly confidential information is sought; (ii) the reason why that employee’s access 
to the highly confidential information is necessary to the effective adjudication of this proceeding; and 
(iii) why experts and consultants outside of that party’s employ cannot perform the same function.  In no 
event will access be granted to employees in a position to use the highly confidential information for 
competitive commercial or business purposes.
11. We clarify that a party filing documents under seal with the Commission that contain 
Highly Confidential Information (“Highly Confidential Filing”) must file one copy of the Highly 
Confidential Filing and, where feasible, two copies of the Highly Confidential Filing in redacted form 
(“Redacted Highly Confidential Filing”).  A Highly Confidential Filing must be accompanied by a cover 
letter stating: “NOT FOR PUBLIC INSPECTION,” and each page of this document containing Highly 
Confidential Information shall be stamped with the same statement.  Redacted Highly Confidential Filings 
must also be accompanied by a cover letter stating: “REDACTED – FOR PUBLIC INSPECTION,” and 
the cover letter should also state that the Submitting Party is filing an unredacted version of such documents.
12. Given the need for the Protective Order in this proceeding, Comcast has only served a 
redacted version of its Answer upon Complainants.17 Comcast therefore requests that Complainants be 
granted an extension of time to file their Reply, in order to provide Complainants with enough time to file 
their declarations pursuant to the Protective Order and to receive and review an unredacted version of 
Comcast’s Answer.18 Complainants specifically request that the Reply be due within fifteen (15) days of 
the date on which Comcast delivers to Complainants’ counsel certain materials for which Comcast has 
requested highly confidential treatment.19 Complainants state that Comcast has consented to this relief.20  
Accordingly, the Commission will grant the request for an extension of time and permit Complainants to 
file their Reply within fifteen (15) days from the date on which the highly confidential materials are 
delivered to Complainants’ counsel. 
  
16 See supra n. 4.
17 Letter Request for Enhanced Confidential Treatment at 3.
18 Id.
19 In the Matter of WaveDivision Holdings, LLC et al. v. Comcast Corp. et al., Consent Motion for Extension of 
Time to File Reply, File No. CSR-8257-P, at 1 (filed March 3, 2010).
20 Id. at 3.
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IV. ORDERING CLAUSES
13. Accordingly, we ADOPT AND ISSUE the Protective Order attached at APPENDIX A 
pursuant to Sections 4(i), 4(j), and 628 of the Communications Act as amended, 47 U.S.C. §§ 154(i), (j) 
and 548, Sections 0.457(d) and 76.1003(k) of the Commission’s rules, 47 C.F.R. §§ 0.457(d) and 
76.1003(k), and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and such Protective 
Order is effective upon its adoption; and
14. We GRANT Complainants an extension until fifteen (15) days from the date on which 
the highly confidential materials are delivered to Complainants’ counsel to file their Reply to Comcast’s 
Answer.
15. These actions are taken pursuant to authority delegated by Section 0.283 of the 
Commission’s rules.21
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
  
21 47 C.F.R. § 0.283.
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APPENDIX A
PROTECTIVE ORDER
This Protective Order is intended to facilitate and expedite the review of documents submitted in 
this proceeding that contain trade secrets and commercial or financial information obtained from a person 
and privileged or confidential.  It reflects the manner in which “Highly Confidential Information,” as that 
term is defined herein, is to be treated. The Order is not intended to constitute a resolution of the merits 
concerning whether any Highly Confidential Information would be released publicly by the Commission 
upon a proper request under the Freedom of Information Act or other applicable law or regulation, 
including 47 C.F.R. § 0.442.
1. Definitions.
a. Commission. “Commission” means the Federal Communications Commission 
or any arm of the Commission acting pursuant to delegated authority.
b. Declaration. “Declaration” means Attachment A to this Protective Order.
c. Highly Confidential Information. “Highly Confidential Information” means the 
data and other information contained in Stamped Highly Confidential Documents or quoted/derived 
therefrom that is not otherwise available from publicly available sources or is specifically authorized by 
the Media Bureau based on a letter specifically describing the information and explaining the need for 
protection.
d. Outside Counsel of Record. “Outside Counsel of Record” means the firm(s) of 
attorneys, or sole practitioner(s), as the case may be, representing either WaveDivision Holdings, LLC; 
Horizon Cable TV, Inc.; Stanford University; and City of San Bruno (collectively, “Petitioners”); or 
Comcast SportsNet West, Inc.; Comcast Cable Communications, Inc.; Comcast Cable Communications 
Holdings, Inc.; Comcast Cable Holdings, LLC; and Comcast MO Group, Inc. (collectively, 
“Respondents”) in this proceeding.  For the avoidance of doubt, Outside Counsel of Record shall exclude 
any employee of either Petitioners or Respondents.
e. Stamped Highly Confidential Document. “Stamped Highly Confidential 
Document” means any program carriage contract or program carriage offer (other than those between 
Petitioners and Respondents), or any part thereof, and any document containing quotations from such 
contracts/offers, descriptions of particular provisions therefrom, or specific information derived 
therefrom, that bears the legend (or which otherwise shall have had the legend recorded upon it in a way 
that brings its attention to a reasonable examiner) “NOT FOR PUBLIC INSPECTION.”  The term 
“document” means any written, recorded, electronically stored, or graphic material, whether produced or 
created by the Submitting Party or another person.  By designating a document a “Stamped Highly 
Confidential Document,” a Submitting Party signifies that it contains information that the Submitting 
Party determines in good faith should be subject to protection under FOIA, the Commission’s 
implementing rules, this Protective Order, and the accompanying Order.
f. Submitting Party. “Submitting Party” means either Petitioners or Respondents to 
the extent they seek confidential treatment of Highly Confidential Information pursuant to this Protective 
Order. 
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2. Claim of Confidentiality. The Commission may, sua sponte or upon petition, pursuant to 
47 C.F.R. §§ 0.459 & 0.461, determine that all or part of the information claimed as “Highly Confidential 
Information” pursuant to the definitions in paragraph 1 of this Protective Order is not entitled to such 
treatment, but prior to making such a determination, the Commission shall afford the Submitting Party 
notice and opportunity to comment.  Any party that did not file the Highly Confidential Information but 
that has completed the attached Declaration shall have three (3) business days from the date it receives 
notice that such Highly Confidential Information has been filed to file a petition opposing such Highly 
Confidential treatment.  The Submitting Party shall have three (3) business days from the date it receives 
the other party’s opposition to file its reply to such opposition.
3. Storage of Highly Confidential Information at the Commission. The Secretary of the 
Commission or other Commission staff to whom Highly Confidential Information is submitted shall place 
the Highly Confidential Information in a non-public file.  Highly Confidential Information 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 Highly Confidential Information is released from the 
restrictions of this Order either through agreement of the parties, or pursuant to the order of the 
Commission or a court having jurisdiction.
4. Permissible Disclosure. Subject to the requirements of paragraph 7, Stamped Highly 
Confidential Documents may be reviewed by Outside Counsel of Record.  Subject to the requirements of 
paragraph 7, Outside Counsel of Record may disclose Stamped Highly Confidential Documents and other 
Highly Confidential Information to:  (1) outside consultants or experts retained for the purpose of 
assisting Outside Counsel of Record in this proceeding, provided that such outside consultants or experts 
are not employees of Petitioners or Respondents and are not involved in the analysis underlying the 
business decisions of any competitor of the Submitting Party nor participate directly in those business 
decisions; (2) paralegals or other employees of such Outside Counsel of Record not described in clause 3 
of this paragraph 4 assisting Outside Counsel of Record in this proceeding; and (3) employees of such 
Outside Counsel of Record involved solely in one or more aspects of organizing, filing, coding, 
converting, storing, or retrieving documents or data or designing programs for handling data connected 
with this proceeding, or performing other clerical or ministerial functions with regard to documents 
connected with this proceeding. Individuals who have obtained access to Stamped Highly Confidential 
Documents and Highly Confidential Information in accordance with the provisions of this paragraph 4 
and paragraph 7 may discuss and share the contents of such Stamped Highly Confidential Documents and 
Highly Confidential Information with any other person who has also obtained access in accordance with 
the provisions of this paragraph 4 and paragraph 7, and with the Commission and its staff.  Except with 
the prior written consent of the relevant Submitting Party, or as otherwise provided under this Protective 
Order, neither a Stamped Highly Confidential Document nor any Highly Confidential Information may be 
disclosed by parties executing the attached Declaration to any person other than the Commission and its 
staff.
5. Protection of Stamped Highly Confidential Documents and Highly Confidential 
Information. Persons described in paragraph 4 shall have the obligation to ensure that access to Stamped 
Highly Confidential Documents and Highly Confidential Information is strictly limited as prescribed in 
this Protective Order.  Such persons shall further have the obligation to ensure that:  (1) Stamped Highly 
Confidential Documents and Highly Confidential Information are used only as provided in this Protective 
Order; and (2) Stamped Highly Confidential Documents are not duplicated except as necessary for filing 
at the Commission under seal as provided in paragraph 10 below.
6. Prohibited Copying. If, in the judgment of a Submitting Party, a document contains 
information so sensitive that it should not be copied by anyone, even given its designation as Highly 
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Confidential Information, it shall bear the additional legend “Copying Prohibited,” and no copies of such 
document, in any form, shall be made.  Application for relief from this restriction against copying may be 
made to the Commission, with notice to Outside Counsel of Record for the Submitting Party.  
7. Procedures for Obtaining Access to Stamped Highly Confidential Documents and Highly 
Confidential Information. In all cases where access to Stamped Highly Confidential Documents and 
Highly Confidential Information is permitted pursuant to paragraph 4, before reviewing or having access 
to any Stamped Highly Confidential Documents or Highly Confidential Information, each person seeking 
such access shall execute the Declaration in Attachment A and file it with the Commission and serve it 
upon the Submitting Party through their Outside Counsel of Record, so that the Declaration is received by 
the Submitting Party at least five (5) business days prior to such person’s reviewing or having access to 
such Submitting Party’s Stamped Highly Confidential Documents or Highly Confidential Information.  
Each Submitting Party shall have an opportunity to object to the disclosure of Stamped Highly 
Confidential Documents or Highly Confidential Information to any such persons.  Any objection must be 
filed at the Commission and served on Outside Counsel of Record representing, retaining, or employing 
such person as promptly as practicable after receipt of the relevant Declaration.  Until any such objection 
is resolved by the Commission and, if appropriate, any court of competent jurisdiction prior to any 
disclosure, and unless such objection is resolved in favor of the person seeking access, persons subject to 
an objection from a Submitting Party shall not have access to Stamped Highly Confidential Documents or 
Highly Confidential Information.  A Submitting Party shall make available for review the Stamped 
Highly Confidential Documents of such party at the offices of such party’s Outside Counsel of Record.
8. Requests for Additional Disclosure. If any person requests disclosure of Highly 
Confidential Information outside the terms of this Protective Order, that request will be treated in 
accordance with Sections 0.442 and 0.461 of the Commission’s rules, 47 C.F.R. §§ 0.442, 0.461.
9. Use of Highly Confidential Information. Highly Confidential Information (including 
Stamped Highly Confidential Documents under this Protective Order) shall be used solely for the 
preparation and conduct of this proceeding as delimited in this paragraph and paragraphs 4, 10, and 11 
herein, and any subsequent judicial proceeding arising directly from this proceeding and, except as 
provided herein, shall not be used by any person granted access under this Protective Order for any other 
purpose, including without limitation business, governmental, or commercial purposes, or in other 
administrative, regulatory, or judicial proceedings.  This shall not preclude the use of any material or 
information that is in the public domain or has been developed independently by any other person who 
has not had access to the Highly Confidential Information nor otherwise learned of its contents.  Should 
the Commission rely upon or otherwise make reference to the contents of any of the Stamped Highly 
Confidential Documents or Highly Confidential Information in its decision in this proceeding, it will do 
so by redacting any Highly Confidential Information from the public version of the decision and by 
making the unredacted version of the decision available only to a court and to those persons entitled to 
access to Highly Confidential Information under this Protective Order.  
10. Pleadings Using Highly Confidential Information. Persons described in paragraph 4
may, in any pleadings that they file in this proceeding, reference the Highly Confidential Information, but 
only if they comply with the following procedures:
a. Any portions of the pleadings that contain or disclose Highly Confidential 
Information must be physically segregated from the remainder of the pleadings and filed under seal; to the 
extent a document contains both Highly Confidential Information and non-Highly Confidential 
Information, the Submitting Party shall designate the specific portions of the document claimed to contain 
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Highly Confidential Information and shall also submit a redacted version not containing Highly 
Confidential Information.
b. The portions of pleadings containing or disclosing Highly Confidential 
Information must be covered by a separate letter to the Secretary of the Commission referencing this 
Protective Order;
c. Each page of any party’s filing that contains or discloses Highly Confidential 
Information subject to this Order must be clearly marked:  “NOT FOR PUBLIC INSPECTION. 
d. The confidential portion(s) of the pleading, shall be served upon the Secretary of 
the Commission, the Media Bureau, and the Submitting Party.  Such confidential portions shall be served 
under seal, and shall not be placed in the Commission’s Public File unless the Commission directs 
otherwise (with notice to the Submitting Party as set forth in paragraph 2).  A Submitting Party filing a 
pleading containing Highly Confidential Information shall also file two redacted copies of the pleading 
containing no Highly Confidential Information, which copy shall be placed in the Commission’s public 
files.  Parties should not provide courtesy copies of pleadings containing Highly Confidential Information 
to Commission staff unless the Media Bureau so requests.  Any courtesy copies shall be submitted under 
seal.
11. Client Consultation. Nothing in this Protective Order shall prevent or otherwise restrict 
Outside Counsel of Record from rendering advice to their clients relating to the conduct of this 
proceeding and any subsequent judicial proceeding arising therefrom and, in the course thereof, relying 
generally on examination of Stamped Highly Confidential Documents or Highly Confidential 
Information; provided, however, that in rendering such advice and otherwise communicating with such 
client, Outside Counsel of Record shall not disclose Stamped Highly Confidential Documents or Highly 
Confidential Information.
12. Violations of Protective Order. Should a person that has properly obtained access to 
Highly Confidential Information under this Protective Order violate any of its terms, that person shall 
immediately convey that fact to the Commission and to the Submitting Party.  Further, should such 
violation consist of improper disclosure or use of Highly 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 Submitting Party, in writing, of the identity of each party 
known or reasonably suspected to have obtained the Highly 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 Outside Counsel of Record 
from practice before the Commission, forfeitures, cease and desist orders, and denial of further access to 
Highly Confidential Information or other information subject to a protective order 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 person using Highly Confidential 
Information in a manner not authorized by this Protective Order.
13. Termination of Proceeding. The provisions of this Protective Order shall not terminate at 
the conclusion of this proceeding.  Within two weeks after final resolution of this proceeding (which 
includes any administrative or judicial appeals), persons described in paragraph 4 shall destroy or return 
to the Submitting Party the relevant Stamped Highly Confidential Documents as well as all copies and 
derivative materials made, and shall certify in a writing served on the Commission and the Submitting 
Party that no material whatsoever derived from such Stamped Highly Confidential Documents have been 
retained by any person having access thereto, except that Outside Counsel of Record may retain, under 
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the continuing strictures of this Protective Order, two copies of pleadings (one of which may be in 
electronic format) submitted on behalf of a party.  Any Highly Confidential Information contained in any 
copies of pleadings retained by Outside Counsel of Record to a party or in materials that have been 
destroyed pursuant to this paragraph shall be protected from disclosure or use indefinitely in accordance 
with this Protective Order unless such Highly Confidential Information is released from the restrictions of 
this Protective Order either through agreement of the parties, or pursuant to the order of the Commission 
or a court having jurisdiction.  The provisions of this paragraph 13 regarding the retention of Stamped 
Highly Confidential Documents and copies of same shall not be construed to apply to the Commission or 
its staff.
14. No Waiver of Confidentiality. Disclosure of Highly Confidential Information as 
provided herein by any person shall not be deemed a waiver by the Submitting Party of any privilege or 
entitlement to confidential treatment of such Highly Confidential Information.  Reviewing parties, by 
viewing these materials: (a) agree not to assert any such waiver; (b) agree not to use Highly Confidential 
Information to seek disclosure in any other proceeding; and (c) agree that accidental disclosure of Highly 
Confidential Information shall not be deemed a waiver of any privilege or entitlement as long as the 
Submitting Party takes prompt remedial action.
15. Subpoena by Courts, Departments, or Agencies. If a court or a federal or state 
department or agency issues a subpoena or orders production of Stamped Highly Confidential Documents 
or Highly Confidential Information that a party has obtained under terms of this Protective Order, such 
party shall promptly notify each Submitting Party of the pendency of such subpoena or order.  Consistent 
with the independent authority of any court, department, or agency, such notification must be 
accomplished such that the Submitting Party has a full opportunity to oppose such production prior to the 
production or disclosure of any Stamped Highly Confidential Document or Highly Confidential 
Information.
16. Additional Rights Preserved. The entry of this Protective Order is without prejudice to 
the rights of the Submitting Party to apply for additional or different protection where it is deemed 
necessary or to the rights of parties executing the attached Declaration to request further or renewed 
disclosure of Highly Confidential Information.
17. Effect of Protective Order. This Protective Order constitutes an Order of the Commission 
and an agreement between the party executing the attached Declaration and the Submitting Party.
18. 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) and Section 4 of the 
Freedom of Information Act, 5 U.S.C. § 552(b)(4). 
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ATTACHMENT A
DECLARATION
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 I 
understand it.  I agree to be bound by its terms pertaining to the treatment of Highly Confidential 
Information submitted by parties to this proceeding and that I shall not disclose or use Stamped Highly 
Confidential Documents or Highly Confidential Information except as allowed by the Protective Order. 
Without limiting the foregoing, to the extent that I have any employment, affiliation, or role with 
any person or entity other than a conventional private law firm (such as, but not limited to, a lobbying or 
public interest organization), I acknowledge specifically that my access to any Highly Confidential 
Information obtained as a result of the Protective Order is due solely to my capacity as (1) Outside 
Counsel of Record or (2) other person described in paragraph 4 of the foregoing Protective Order, and 
that I will not use such Highly Confidential Information in any other capacity; nor will I disclose such 
Highly Confidential Information except as specifically provided in the Protective Order.
I acknowledge that it is my obligation to ensure that:  (1) Stamped Highly Confidential 
Documents and Highly Confidential Information are used only as provided in the Protective Order; and 
(2) Stamped Highly Confidential Documents are not duplicated except as specifically permitted by the 
terms of the Protective Order, and I certify that I have verified that there are in place procedures, at my 
firm or office, to prevent unauthorized disclosure of Stamped Highly Confidential Documents or Highly 
Confidential Information.
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 
between the undersigned and the Submitting Party.
Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them 
in the Protective Order.
(signed)  __________________________________________