FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU MARKET DISPUTES RESOLUTION DIVISION 45 L STREET, NE WASHINGTON,D.C. 20554 July 26, 2022 Copies sent via E-mail John T. Nakahata Curtis L. Groves William B. Sullivan Associate General Counsel Harris, Wiltshire & Grannis LLP Verizon 1919 M Street, NW 1300 I Street, NW The Eight Floor Suite 500 East Washington, DC 20036 Washington, DC 20005 JNakahata@hwgiaw.com curtis.groves@verizon.com WSullivan@hwglaw.com Scott H. Angstreich Counsel for Windstream Services LLC Kellogg, Hansen, Todd, Figel & Frederick, PLLC 1615 M Street, NW, Suite 400 Washington, DC 20036 sangstreich@kellogghansen.com Counsel forVerizon Delaware LLC Re: WindstreamServices LLC, et al v. Verizon Delaware LLC, et al Proceeding No. 22-280, Bureau ID No. EB-22-MD-003 Counsel: On July 25, 2022, Windstream Services LLC and Verizon Delaware LLC requested thatthe Commission enter their proposed Protective Order in the above-referencedproceeding. 1 The proposed Protective Order, a copy of which is attached, establishes procedures "to facilitate and expedite the production and review of documents containing tradesecrets and commercial or financialinformation which is privileged or confidential,and to govern the use and disclosure of such information in and in connection with this proceeding."2 Having reviewed the proposed Protective Order, we note that it is based largely upon the Model Protective Order approved by the Commission in Examination of Current Policy Concerningthe Treatment of Confidential Information Submitted to the Commission, Report and Order, 13 FCC Red 24816, Appendix C (1998). We are satisfiedthat granting the parties' request will serve the public interest. Specifically, the Protective Order will ensure that, in addition to Commission staff, only the 1 E-mail fromWilliam B. Sullivan,Counsel to WindstreamServices LLC, to AnthonyJ. DeLaurentis, Special Counsel, Market Disputes Resolution Division, FCC Enforcement Bureau (July 25, 2022, 12:05 PM EDT). 2 See Protective Order at I. parties' counsel and authorized individuals will have access to privileged or confidentialinformation. Accordingly, we hereby grantthe parties' request andenter the proposed Protective Order into the above-referenced proceeding. This letter ruling is issued pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 0.457, 0.459 and 1.720-1.740 of the Commission's rules, 47 CFR §§ 0.457, 0.459, 1.720-1.740, and the authority delegated by sections 0.1 I 1 and 0.311 of the Commission's rules, 47 CFR §§ 0.111, 0.311. Fz::::::;IC C ;: )1; � Rosemary H. McEnery � Chief, Market Disputes Resolution Division EnforcementBureau Federal Communications Commission Federal Communications Commission Informationshall be filed under seal. They shall not be placed in the Commission's Public File unless theCommission directs otherwise (with notice to the Submitting Party and an opportunity to comment on such proposed disclosure). A Submitting Party or a Reviewing Party filing a pleading containing Confidential Information or Highly Confidential Informationshall also filea redacted copy of the pleading as follows: 1. Apleading containing no Confidential Information or Highly Confidential Information and an accompanying cover letter shall be filed with the Secretary of the Commission via the Commission's Electronic Comment Filing System, which shall be placed in the Commission's public files. The public version of the pleading shall bear on the front page the legend "PUBLIC VERSION" and shall clearly indicate where Confidential Information or Highly Confidential Information has been redacted from an individual page. If any pages are removed in their entirety to prevent disclosure of Confidential Information or Highly Confidential Information, the Submitting Party shall insert a placeholder that (a) identifieseach omitted document by its page, exhibit, or appendix number, (b) includes a descriptive title for the omitted document, and ( c) contains the words "CONFIDENTIAL MATERIALS OMITTED" below the descriptive title. 11. In cases where a pleading contains Confidential Information, but not Highly Confidential Information, an original and one copy of the pleading and an accompanying cover letter shall be filed with the Secretary of the Commission containing such Confidential Information. This version of the pleading shall not be placed in the Commission's public files but may be made available to those persons authorized by this Order to review Confidential Information. The confidential version of the pleading shall state on the front page in bold print, "DO NOT RELEASE," "NOT FOR INCLUSION IN THEPUBLIC RECORD," and on each page containing Confidential Information. In addition, the confidential version of the pleading shall identify any Confidential Information by including the legend "BEGIN CONFIDENTIAL" and "END CONFIDENTIAL" at the beginning and end of any such information. 111. In cases where a pleading contains both Confidential Information and Highly Confidential Information, an original and one copy of the pleading and an accompanying cover letter shall be filed with the Secretary of the Commission containing Confidential Information, but not Highly Confidential Information. Further, one copy of the pleading shall be filed containing both Confidential Information and Highly Confidential Information. These versions of the pleading shall not be placed in the Commission's public files but may be made available to those persons authorized by this Order to review Confidential Information. The Confidential and Highly Confidential versions of the pleading shall state on the front pages in bold print, "DO NOT RELEASE," "NOT FOR INCLUSION IN THE PUBLIC RECORD," and on each page containing ConfidentialInformation or Highly Confidential Information. In addition, the Confidential and Highly Confidential versions of the pleading shall identifyany ConfidentialInformation or Highly Confidential Information by including the legend "BEGIN CONFIDENTIAL" and "END CONFIDENTIAL" at the beginning and end of any such information. A Submitting Party or a Reviewing Party may provide courtesy copies of pleadings 6 Federal Communications Commission containing Confidential Information or Highly Confidential Information to Commission staffso long as the notation required by subsection c. of this paragraphis not removed. 13. Challenges to the Designation of Confidential or Highly Confidential Information. If a party disputes whether material designated pursuant to this Protective Order and47 C.F.R. § 0.459 by a Submitting Party is Confidential or Highly Confidential Information as defined in Paragraphs 1 ( c) and 1 ( d) above, the challenging party may file a motion with the Commission to that effect pursuant to 47 C.F.R. §§ 1.727 and 1.731, and the Submitting Partywill then have five(5) business days to file a response. Until the motion is decided by the Commission, the information at issue will be treated consistent with the manner in which it was initially designated by the Submitting Party. 14. Violations ofProtective Order. Should a Reviewing Party that has properly obtained access to Confidential Information or Highly Confidential Information under this Protective Order ( or a person who has obtained access through a Reviewing Party) violate any of its terms, that Reviewing Party ("Violating Party")shall immediately convey that factto the Commission and to the Submitting Party. Further, should such violation consist ofimproper disclosure or use ofConfidential Information or Highly Confidential Information, the Violating Party shall take all necessary steps to remedy the improper disclosure or use. The Violating Party shall also immediately notifythe Commission and the Submitting Party, in writing, of the identity of each party known or reasonably suspected to have obtained the Confidential Information or 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 ofattorneys frompractice before the Commission, forfeitures, cease and desist orders, and denial of further access to Confidential Information or Highly Confidential Information 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 party using Confidential Information or Highly Confidential Information in a manner not authorized by this Protective Order. 15. Termination of Proceeding. Unless otherwise ordered by the Commission or a court of competent jurisdiction, within two weeks afterfinal resolution ofthis proceeding (which includes any administrative or judicial appeals), Authorized Representatives of Reviewing Parties shall destroy or return to the Submitting Party all Confidential Information and Highly Confidential Information as well as all copies and derivative materials made. Authorized representatives shall certify in a writing served on the Commission and the Submitting Party that no material whatsoever derived from such Confidential Information or Highly Confidential Information has been retained by any person having access thereto, except that counsel to a Reviewing Party may retain two copies of pleadings submitted on behalf of the Reviewing Party and other attorney work product. Any Confidential Information or Highly Confidential Information contained in any copies of pleadings retained by counsel to a Reviewing Partyor in materials that have been destroyed pursuant to this paragraph shall be protected from disclosure or use indefinitely in accordance with paragraphs 9 and 11 of this Protective Order unless such Confidential Information or 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. 16. No Waiver of Confidentiality. Disclosure of Confidential Information or Highly Confidential 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 Information or Highly 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 such materials to seek disclosure in any other proceeding; and (c) agree that accidental disclosure of Confidential Information or Highly 7 Federal Communications Commission Executed this __ day of ______,, 2022. (signed) ______ (printed name) _______ (representing) _______ (title) ______ (em ployer) _______ (address) ______ (phone) ______ (date) ______