**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matters of                | * | CC Docket No. 96-262         |
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| Access Charge Reform             | ) | CC Docket No. 94-1           |
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| Price Cap Performance Review for | * | CC Docket No. 99-249         |
| Local Exchange Carriers          |   |                              |
|                                  | * | CC Docket No. 96-45          |
| Low-Volume Long-Distance Users   | * |                              |
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| Federal-State Joint Board on     | * |                              |
| Universal Service                | * |                              |
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**INTERIM PROTECTIVE ORDER**

**Adopted:** September 19, 2000 **Released:** September 20, 2000

By the Deputy Chief, Common Carrier Bureau:

1.  In the *Interstate Access Universal Service Order*,[^1] the
    Commission determined that each eligible telecommunications carrier
    that provides service within a study area served by a price cap
    local exchange carrier (LEC) and requests support must submit to the
    Universal Service Administrative Company (USAC or Administrator) on
    the last business day of March, June, September, and December of
    each year data showing the number of lines it serves in that study
    area as of the last business day of the previous quarter.[^2] The
    line counts must be assigned to unbundled network element (UNE)
    zones if UNE zones have been established within that study area.
    Line count information must distinguish between
    residential/single-line business line counts and multi-line business
    line counts.[^3] This Interim Protective Order is intended to
    facilitate and expedite review of study area or UNE zone line count
    data submitted pursuant to section 54.802(a) of the Commission's
    rules that cannot be determined when USAC releases the results of
    calculations showing per-line and statewide interstate access
    universal service support levels as required by section 54.802(d) of
    the Commission's rules.[^4] Several carriers submitting such
    information have sought confidential treatment of these data
    pursuant to section 0.459 of the Commission's rules.[^5] The
    "Confidential Line Count Information," as that term is defined
    herein, shall be subject to the terms of this Interim Protective
    Order until a final determination on the manner in which such
    information is to be treated.[^6] This Interim Protective Order does
    not constitute a resolution of the merits concerning whether any
    Confidential Line Count 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
    section 0.442 of the Commission's rules.[^7]

2.  Definitions.

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a.  [Authorized Representative]{.underline}. An "Authorized
    Representative" is limited to:

\(1\) Counsel for the Reviewing Parties, including in-house counsel and
their associated attorneys, paralegals, clerical staff, and other
employees, to the extent reasonably necessary to render professional
services by counsel for the Reviewing Parties.

> \(2\) Specified persons, including employees of the Reviewing Parties,
> requested by counsel to furnish technical or other expert advice or
> service or otherwise engaged to prepare material for the express
> purpose of formulating filings in this docket, except that disclosure
> to persons in a position to use this information for competitive
> commercial or business purposes shall be prohibited.

(3) Any person designated by the Commission in the public interest, upon
    such terms as the Commission may deem proper.

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b.  [Commission]{.underline}. "Commission" means the Federal
    Communications Commission or any employee, consultant, or agent of
    the Commission acting pursuant to, and within the scope of, their
    official responsibilities to the Commission.

c.  [Confidential Line Count Information]{.underline}. "Confidential
    Line Count Information" means: (i) data concerning the number of
    access lines each price cap LEC maintains in each study area, by UNE
    zone and customer class, submitted by the Submitting Party pursuant
    to section 54.802(a) of the Commission's rules, 47 C.F.R. §
    54.802(a), that cannot be determined when USAC, pursuant to section
    54.802(d) of the Commission's rules, releases the results of
    calculations showing per-line and statewide interstate access
    universal service support levels, which the Submitting 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 that has been so designated by the Submitting Party;
    and (ii) data concerning the number of access lines each price cap
    LEC maintains in each study area, by UNE zone and customer class,
    submitted by the Submitting Party pursuant to section 54.802(a) of
    the Commission's rules, 47 C.F.R. § 54.802(a), that cannot be
    determined when USAC, pursuant to section 54.802(d) of the
    Commission's rules, releases the results of calculations showing
    per-line and statewide interstate access universal service support
    levels, which the Submitting Party has determined in good faith
    falls within the terms of Commission orders designating the items
    for treatment as confidential information, and that has been so
    designated by the Submitting Party. Confidential Line Count
    Information includes additional copies of notes and information
    derived from Confidential Line Count Information.

d.  [Declaration]{.underline}. "Declaration" means Attachment A to this
    Interim Protective Order.

e.  [Reviewing Party]{.underline}. "Reviewing Party" means a person or
    entity reviewing or seeking in good faith to review Confidential
    Line Count Information only for the purpose of reviewing the
    underlying information and verifying per line interstate access
    universal service support levels.

f.  [Submitting Party]{.underline}. "Submitting Party" means a person or
    entity that submits information for which it seeks treatment as
    Confidential Line Count Information pursuant to this Interim
    Protective Order.

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3.  [Claim of Confidentiality]{.underline}. The Submitting Party may
    designate information as Confidential Line Count Information
    consistent with the definition of that term in paragraph 2 of this
    Interim Protective Order. The Commission may, sua sponte or upon
    petition, pursuant to sections 0.459 and 0.461 of the Commission's
    rules, 47 C.F.R §§ 0.459, 0.461, determine that all or part of the
    information claimed as Confidential Line Count Information is not
    entitled to such treatment. Each paper copy or computer disk, or
    relevant portion thereof, of any information furnished subject to
    the terms of this Interim Protective Order shall be clearly
    identified as "Confidential" by the Submitting Party.

4.  [Procedures for Claiming Line Count Information is
    Confidential]{.underline}. Confidential Line Count Information
    submitted pursuant to section 54.802(a) of the Commission's rules
    shall be filed under seal and shall bear on the front page or on the
    computer disk in bold print, "CONTAINS PRIVILEGED AND CONFIDENTIAL
    INFORMATION ‑ DO NOT RELEASE." Confidential Line Count Information
    shall be segregated by the Submitting Party from all
    non‑confidential information submitted pursuant to these rule
    sections. To the extent a document contains both Confidential Line
    Count Information and non‑confidential information, the Submitting
    Party shall designate the specific portions of the document claimed
    to contain Confidential Line Count Information and shall, where
    feasible, also submit a redacted version not containing Confidential
    Line Count Information.

5.  [Storage of Confidential Line Count Information at the Universal
    Service Administrative Company (USAC)]{.underline}. Staff of USAC to
    whom Confidential Line Count Information is submitted shall place
    the Confidential Line Count Information in a non‑public file.
    Confidential Line Count Information shall be segregated in the files
    of USAC, and shall be withheld from inspection by any person not
    bound by the terms of this Interim Protective Order, unless such
    Confidential Line Count Information is released from the
    restrictions of this Interim Protective Order either through
    agreement of the parties, or pursuant to an order of the Commission
    or a court having jurisdiction. Inspection of Confidential Line
    Count Information by parties other than Commission staff or USAC
    staff shall occur pursuant to paragraph 8 of this Interim Protective
    Order and not on the premises of the Commission\'s offices.

6.  [Access to Confidential Line Count Information]{.underline}.
    Confidential Line Count Information shall only be made available to
    the Commission, to staff of USAC, and to Authorized Representatives
    of the Reviewing Parties. Before any Authorized Representative of a
    Reviewing Party may obtain access to Confidential Line Count
    Information, such Authorized Representative must execute the
    attached Declaration. The Reviewing Party shall not be deemed, by
    reason of this Interim Protective Order, to have waived the
    opportunity to argue before the Commission or any other appropriate
    body that any Confidential Line Count Information is not
    confidential or privileged in nature. Consultants of the Commission
    under contract to the Commission may obtain access to Confidential
    Line Count Information only if they have signed a non‑disclosure
    agreement or if they execute the attached Declaration.

7.  [Permissible Disclosure]{.underline}. An Authorized Representative
    of a Reviewing Party may disclose Confidential Line Count
    Information to other Authorized Representatives, as defined in
    paragraph 2 of this Interim Protective Order, only after advising
    such Authorized Representatives of the terms and obligations of the
    Interim Protective Order. In addition, before Authorized
    Representatives may obtain access to Confidential Line Count
    Information, each Authorized Representative must execute the
    attached Declaration.

8.  [Inspection of Confidential Line Count Information]{.underline}.
    Confidential Line Count Information shall be maintained by USAC for
    inspection at its headquarters consistent with the terms of this
    Interim Protective Order. An Authorized Representative shall give
    all Submitting Parties who have submitted Confidential Line Count
    Information to the Commission reasonable notice of its intent to
    review Confidential Line Count Information.

9.  [Copies of Confidential Line Count Information]{.underline}. USAC
    shall provide to any Authorized Representative, on request, a copy
    of the Confidential Line Count Information and may charge a
    reasonable copying fee. Authorized Representatives may, upon
    obtaining the permission of a Submitting Party, make additional
    copies of Confidential Line Count Information submitted by that
    Submitting Party, but only to the extent required and solely for the
    use of such Confidential Line Count Information for the purposes
    identified in paragraph 11 of this Interim Protective Order.
    Authorized Representatives must maintain a written record of any
    additional copies made and provide this record to the Submitting
    Party upon reasonable request. The original copy and all other
    copies of Confidential Line Count Information shall remain in the
    care and control of Authorized Representatives at all times.
    Authorized Representatives having custody of any Confidential Line
    Count Information shall keep the documents properly secured at all
    times.

10. [Filing of Declaration]{.underline}. Counsel for Reviewing Parties
    shall provide to the Commission and to any Submitting Parties who
    have submitted Confidential Line Count Information to the Commission
    a copy of the attached Declaration for each Authorized
    Representative within five business days after the attached
    Declaration is executed, or by any other deadline that may be
    prescribed by the Commission.

11. [Use of Confidential Line Count Information]{.underline}. Reviewing
    Parties shall use the Confidential Line Count Information only for
    the purpose of reviewing the underlying information and verifying
    per line interstate access universal service support levels.
    Confidential Line Count Information shall not be used by any person
    granted access under this Interim Protective Order for any other
    purpose, shall not be used for competitive business purposes, and
    shall not be used or disclosed except in accordance with this
    Interim Protective Order. 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 Confidential Line Count Information nor otherwise learned of
    its contents.

12. No patent, copyright, trademark or other intellectual property
    rights are licensed, granted, or otherwise transferred by this
    Interim Protective Order or any disclosure hereunder, except for the
    right to use information in accordance with this Interim Protective
    Order. Confidential Line Count Information shall at all times remain
    the property of the Submitting Party. Confidential Line Count
    Information that is properly obtained by the Reviewing Party,
    however, may be used to conduct its own analyses using the
    Confidential Line Count Information. Moreover, any such calculations
    or other analyses performed by the Reviewing Party using
    Confidential Line Count Information, the outcomes of which do not
    reveal protected information, shall not be considered part of the
    Confidential Line Count Information nor shall said calculations and
    analyses be the property of the Submitting Party. However, a
    Reviewing Party's calculations, analyses or other derivative
    materials, the contents or outcomes of which do reveal protected
    information, shall be used and treated by the Reviewing Party in the
    same fashion as the underlying Confidential Line Count Information
    used in such calculations, analyses, and derivative materials under
    the terms of paragraphs 6, 7, 8, 9, and 11.

13. [Pleadings Using Confidential Line Count Information]{.underline}.
    Submitting Parties and Reviewing Parties may, in any pleadings that
    they file in this docket, refer to Confidential Line Count
    Information, but only if they comply with the following procedures:

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a.  Any portions of the pleadings that contain or disclose Confidential
    Line Count Information must be physically segregated from the
    remainder of the pleadings and filed under seal;

b.  The portions containing or disclosing Confidential Line Count
    Information must be covered by a separate letter referring to this
    Interim Protective Order;

c.  Each page or portion of any Party's filing that contains or
    discloses Confidential Line Count Information subject to this
    Interim Protective Order must be clearly marked: "Confidential Line
    Count Information included pursuant to Interim Protective Order, CC
    Docket Nos. 96-262, 94-1, 99-249, 96-45"; and

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 Submitting Party who submitted that Confidential
    Line Count Information, and those Reviewing Parties that have signed
    the attached Declaration. 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 who submitted that Confidential Line Count
    Information and an opportunity to comment on such proposed
    disclosure). A Submitting Party or a Reviewing Party filing a
    pleading containing Confidential Line Count Information shall also
    file a redacted copy of the pleading containing no Confidential Line
    Count Information, which copy shall be placed in the Commission's
    public files. A Submitting Party or a Reviewing Party may provide
    courtesy copies of pleadings containing Confidential Line Count
    Information to Commission staff so long as the notation required by
    subsection (c) of this paragraph is not removed.

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14. [Violations of Interim Protective Order]{.underline}. Should a
    Reviewing Party that has properly obtained access to Confidential
    Line Count Information under this Interim Protective Order violate
    any of its terms, it shall immediately convey that fact to the
    Commission and to any Submitting Party who submitted any portion of
    that Confidential Line Count Information. Further, should such
    violation consist of improper disclosure or use of Confidential Line
    Count 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 Submitting Parties
    who have submitted any portion of that Confidential Line Count
    Information, in writing, of the identity of each party known or
    reasonably suspected to have obtained the Confidential Line Count
    Information through any such disclosure, and identify with
    particularity the Confidential Line Count Information each such
    party obtained or is reasonably suspected to have obtained. The
    Commission retains its full authority to fashion appropriate
    sanctions for violations of this Interim 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 Line Count
    Information. Nothing in this Interim Protective Order shall limit
    any other rights and remedies available to a Submitting Party at law
    or equity against any party using Confidential Line Count
    Information in a manner not authorized by this Interim Protective
    Order.

15. [Return of Information]{.underline}. To the extent that the
    Confidential Line Count Information received by an Authorized
    Representative, as well as any copies or derivative materials made
    that reveal protected information, is no longer useful for the
    purposes set forth in paragraph 11 of this Interim Protective Order,
    such information shall be either returned to USAC, or destroyed by
    the Authorized Representative with notice given to USAC of such
    destruction.

16. [No Waiver of Confidentiality]{.underline}. Disclosure of
    Confidential Line Count Information as provided herein shall not be
    deemed a waiver by the Submitting Party of any privilege or
    entitlement to confidential treatment of such Confidential Line
    Count 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 separate proceedings; and (c) agree that
    accidental disclosure of Confidential Line Count Information shall
    not be deemed a waiver of the privilege.

17. [Additional Rights Preserved]{.underline}. The entry of this Interim
    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 Reviewing Parties
    to request further or renewed disclosure of Confidential Line Count
    Information.

18. [Effect of Interim Protective Order]{.underline}. This Interim
    Protective Order constitutes an Order of the Commission and an
    agreement between every Reviewing Party executing the attached
    Declaration, and every Submitting Party.

19. [Authority]{.underline}. This Interim 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 sections 0.91, 0.291 and
    0.457(d) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, and
    0.457(d).

> FEDERAL COMMUNICATIONS COMMISSION

Carol E. Mattey

Deputy Chief, Common Carrier Bureau

**[ATTACHMENT A]{.underline}:**

DECLARATION

In the Matters of

Access Charge Reform (CC Docket No. 96-242)

Price Cap Performance Review for Local Exchange Carriers (CC Docket No.
94-1)

Low-Volume Long-Distance Users (CC Docket No. 99-249)

Federal-State Joint Board on Universal Service (CC Docket No. 96-45)

I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, hereby declare under
penalty of perjury that I have read the Interim Protective Order that
has been entered by the Common Carrier Bureau in this docket, and that I
agree to be bound by its terms pertaining to the treatment of
Confidential Line Count Information submitted by parties pursuant to
section 54.802(a) of the Commission's rules, 47 C.F.R. § 54.802(a). I
understand that the Confidential Line Count Information shall not be
disclosed to anyone except in accordance with the terms of the Interim
Protective Order and shall be used only for purposes specified in the
Interim Protective Order. I acknowledge that a violation of the Interim
Protective Order is a violation of an order of the Common Carrier
Bureau. I acknowledge that this Interim Protective Order is also a
binding agreement with every Submitting Party.

(signed) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(printed name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(representing) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(title) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(employer) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(address) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(phone) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(date) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[^1]: *Access Charge Reform*, Sixth Report and Order in CC Docket No.
    96-262 and 94-1, Report and Order in CC Docket No. 99-249, Eleventh
    Report and Order in CC Docket No. 96-45, FCC 00-103 (rel. May 31,
    2000) (*Interstate Access Universal Service Order*).

[^2]: *See* 47 C.F.R. § 54.802(a); *see also Interstate Access Universal
    Service Order* at para. 227.

[^3]: *See* 47 C.F.R. § 54.802(a)*.* The residential/single-line
    business lines reported include single and non-primary residential
    lines, single-line business lines, basic rate interface (BRI)
    integrated services digital network (ISDN) service, and other
    related residence class lines. Similarly, the multi-line business
    class lines reported include multi-line business, centrex, ISDN
    primary rate interface (PRI) and other related business class lines.
    *Id.* Such lines include all business class lines assessed the end
    user common line charge pursuant to 47 C.F.R. § 69.152.

[^4]: 47 C.F.R. §§ 54.802(a), 54.802(d).

[^5]: *See* 47 C.F.R. § 0.459. Aliant Communications Co., Bell Atlantic
    Network Services, Inc., GTE Services Corporation, and U S WEST, Inc.
    requested confidential treatment of the data.

[^6]: *See* *Access Charge Reform*, CC Docket Nos. 96-262, 94-1, 99-249,
    96-45, Order, DA 00-2132 (rel. Sep. 20, 2000).

[^7]: 47 C.F.R. § 0.442.