Federal Communications Commission DA 11-1100 A-1 APPENDIX A Highly Confidential Information and Documents As specified in paragraphs 2 and 3 of the Second Protective Order, only information and documents set forth in this Appendix and that otherwise meet the definition of Highly Confidential Information or Highly Confidential Documents may be designated as Highly Confidential. This Appendix will be updated as necessary. 1. Annex F to the Stock Purchase Agreement by and between Deutsche Telekom AG and AT&T Inc., dated as of March 20, 2011 (the “Stock Purchase Agreement”). 2. Schedule 3.2q to the Seller Disclosure Letter, as that term is defined in the Stock Purchase Agreement, to the extent it discloses customer data disaggregated by local markets. 3. Schedule 4.16 to the Seller Disclosure Letter, to the extent it describes future business plans. 4. Schedules 4.6(b)(i) and 4.6(b)(ii) to the Purchaser Disclosure Letter, as that term is defined in the Stock Purchase Agreement. With respect to each of (i) AT&T’s request for additional protection, dated June 6, 2011, and its supplemental request, dated June 7, 2011; (ii) Deutsche Telekom and T-Mobile’s (together “DTTMO”) request for enhanced confidential treatment, dated June 7, 2011; (iii) Sprint Nextel Corporation’s (“Sprint”) request for a Supplement to the Second Protective Order, dated June 15, 2011; (iv) Metro PCS Communications, Inc.’s (“MetroPCS”) request for enhanced confidential treatment, dated June 21, 2011;1 (v) requests for enhanced confidential treatment for updated or supplemental responses to the Commission’s Information and Discovery requests; and (vi) requests for enhanced confidential treatment for information provided in response to Commission staff’s requests;2 and (vii) requests for enhanced confidential treatment for information provided in response to other parties’ submissions, the following types of information: 5. Information that discusses in detail future plans to compete for a customer or specific groups or types of customers (e.g., business or wholesale customers), including future procurement strategies, pricing strategies, product strategies, advertising or marketing strategies, future business plans, technology implementation or deployment plans and strategies (e.g., plans for deployment of HSPA+, LTE, wireline broadband, or IPTV or engineering capacity planning documents), plans for handling acquired customers, and human resources and staffing strategies. AT&T’s responses to the Commission’s General Information Request to AT&T, dated May 27, 2011 (“AT&T GIR”), numbers 1; 2; 3(b); 4(a)-(b); 5(c); 6 (except public docs for (c)); 7(a)-(b), (e)-(f); 8(b); 9; 10; 12; 13(a)-(e); 14; 15; 16; 17; 19; 20 (negotiations to acquire), 20(j)(vii), (j)(viii); 22; 24; 26; 27(b)-(e); 28; 29(a)-(g); 30; 31(a), (c); 32(a); 33; 34; 37; 38; 39; 40(a)-(b); 41; 50 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 1 In addition, all companies, not otherwise specifically mentioned herein, that received the Commission’s Information and Discovery Request dated June 6, 2011, may designate as Highly Confidential documents and information submitted in response to that request to the same extent as we are permitting MetroPCS. 2 See, e.g., Letter from Peter J. Schildkraut, Counsel for AT&T Inc., to Marlene H. Dortch, Esq., Secretary, Federal Communications Commission (July 19, 2011). Federal Communications Commission DA 11-1100 A-2 DTTMO’s responses to the Commission’s General Information Request to Deutsche Telekom/T-Mobile, dated May 27, 2011 (“DTGIR”), numbers 1(b); 2(a)-(b); 3(c); 4; 5(a)-(b), (d)-(f); 6(b); 7; 8; 10; 11(a)-(e); 12; 13; 14; 15; 16; 17; 19; 20 (negotiations to acquire), 20(j)(vii), (j)(viii); 22; 23; 24; 25; 26; 27; 28; 29(a); 30; 31; 32; 34; 35; 36; 37(a)-(b); 38 and 47 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the Commission’s Request for Information, dated June 6, 2011 (“SRI”), number 6 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the Commission’s Request for Information, dated June 6, 2011 (“MRI”), number 5 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 6. Information that provides revenues and numbers of customers broken down by customer type (e.g., mobile wireless customers) and market area (e.g., CMA/MSA/RSA, DMA, state, regional cluster, or – for wireline information – the CLEC franchise area) or zip code. AT&T’s responses to the AT&T GIR numbers 8 and 50 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 6; 13; 14; 46 and 47 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, numbers 8 and 9 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, numbers 7 and 8 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 7. Information that discloses the identity or characteristics (including identifying information about specific customer facilities) of specific customers (including their levels of demand) or of those a company is targeting or with whom a company is negotiating. AT&T’s responses to the AT&T GIR numbers 13(b) (customers and potential customers); 17 and 50 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 11(b) (customers and potential customers); 13; 14; 17 and 47 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, number 8 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Federal Communications Commission DA 11-1100 A-3 MetroPCS’s response to the MRI, numbers 7 and 8 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 8. Information that discusses in detail the number or anticipated changes in the number of customers or amount of traffic, including churn rate data broken down by zip code or market and detailed information about why customers discontinue service. AT&T’s responses to the AT&T GIR numbers 1; 2; 8(b); 19; 29(c)-(e); 41(b)-(e); 48; 49; 50 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 6(b); 13; 14; 19; 27(c)-(e); 38(b)-(e); 45; 46 and 47 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, numbers 7 and 9 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, numbers 6, 7 and 8 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 9. Information that provides survey results showing why customers discontinue a Submitting Party’s service. AT&T’s responses to the AT&T GIR numbers 8(a)-(b)(ii) may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 6(a), 6(b)(i)-(ii); 13 and14 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, number 7 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, number 6 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 10. Information that provides how a Submitting Party analyzes its competitors, including the sources and methods used to do so, any limits the Submitting Party has on using these data, and how it uses these data. AT&T’s responses to the AT&T GIR numbers 1; 8(a)-(b) (to the extent it covers competitors); 9; 10; 11; 13(b), (f); 16; 31(c)(v) may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 6(a)-(b) (to the extent it covers competitors); 7; 8; 9; 11(b), (f); 13; 14 and 16 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Federal Communications Commission DA 11-1100 A-4 Sprint’s response to the SRI, number 7 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, number 6 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 11. Information that provides detailed or granular engineering capacity information or information about specific facilities, including collocation sites, cell sites, maps of network facilities, or information about the backhaul provider to a site. AT&T’s responses to the AT&T GIR numbers 5(b), (c); 18; 23; 24; 30; 32(b), 33; 48 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 1; 3(b)-(c); 4(b); 13; 14; 18; 19; 23; 24; 27; 28; 29(b); 30 and 45 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, numbers 2, 3 and 6 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, numbers 2, 3 and 5 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 12. Information that discusses in detail plans to construct new facilities. AT&T’s responses to the AT&T GIR numbers 4(a)(ii); 7(a); 33 and 50 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 2(a)(ii); 5(a); 13; 14; 30 and 47 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, numbers 2 and 6 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, numbers 2 and 5 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 13. Information that provides detailed technical performance data and test results. AT&T’s responses to the AT&T GIR numbers 4(b)(i), (ii), (iv); 5(b)-(c); 22 and 50 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Federal Communications Commission DA 11-1100 A-5 DTTMO’s responses to the DTGIR numbers 2(b)(i)-(ii), (iv); 3(b)-(c); 13; 14; 22; 27 and 47 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, numbers 2 and 6 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, numbers 2 and 5 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 14. Information that provides granular information about a Submitting Party’s current costs, market share, marginal revenue, and firm-specific price elasticities. AT&T’s responses to the AT&T GIR numbers 3; 8(a); 9(e), (f); 11; 34; 40(c); 41(d)-(e) and 49 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 1; 4.b-d; 6(a); 7(e), (f); 8(a); 9; 13; 14; 24; 31; 37(c); 38(d)-(e); 46 and 47 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, number 9 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, numbers 7 and 8 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 15. Information that discusses specific steps that will be taken to integrate companies or discussions of specific detail or disaggregated quantification of merger integration benefits or efficiencies (including costs, benefits, timeline, and risks of the integration). AT&T’s responses to the AT&T GIR numbers 7(a)-(c); 12; 13(c)-(e); 24; 26; 28; 32(a); 34 and 36 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. DTTMO’s responses to the DTGIR numbers 5(a)-(c); 10; 11(c)-(e); 23; 26; 28; 29(a); 31; 32 and 33 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. 16. Information that details the terms and conditions of or strategy related to a Submitting Party’s most sensitive contracts (e.g., exclusive and future product agreements, roaming and backhaul agreements, nondisclosure agreements relating to potential mergers and acquisitions and comparably sensitive contracts). AT&T’s responses to the AT&T GIR numbers 3, 4(a)(i), 7(d), 9(a)-(b), 23, 37; 38 and 40 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Federal Communications Commission DA 11-1100 A-6 DTTMO’s responses to the DTGIR numbers 12; 13; 14; 24; 25; 32; 34; 35, 36; 37 and 38(d) may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. Sprint’s response to the SRI, numbers 3, 5 and 6 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. MetroPCS’s response to the MRI, numbers 3 and 5 may include information that falls within this category of documents and information that is eligible for Highly Confidential Treatment. .