FCC Adopts Protective Order In Matter of AT&T v. Cox
The FCC has adopted a protective order in the matter of AT&T v. Cox.
We believe that AT&T has justified its request for enhanced confidential treatment of its documents and also those of Cox. AT&T 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 so that such information is closely guarded and 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 negotiated and agreed to between AT&T and Cox. Accordingly, we will adopt the Protective Order as negotiated and proposed by the parties and attached at Appendix A. Any party seeking access to highly confidential documents subject to this Protective Order shall request access pursuant to the terms of the Protective Order and must sign the Declaration provided as Attachment A to this Protective Order.
The attached Protective Order reflects AT&T’s desire, given the highly confidential nature of the information at issue, to preclude employees of AT&T and Cox from access to such information. This is consistent with past Commission action involving protective orders relating to highly confidential information. 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.
The attached Protective Order reflects AT&T’s desire, given the highly confidential nature of the information at issue, to preclude employees of AT&T and Cox from access to such information. This is consistent with past Commission action involving protective orders relating to highly confidential information. 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.