[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24883]


[[Page Unknown]]

[Federal Register: October 6, 1994]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[PR Docket No. 94-105; DA 94-1083]

 

Commercial Mobile Radio Services; California State Petition Draft 
Protective Order

AGENCY: Federal Communications commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: A Protective Order has been drafted addressing confidentiality 
issues raised by the Request for Proprietary Treatment of Documents 
Used in Support of the Petition to Retain Regulatory Authority Over 
Intrastate Cellular Service Rates filed by the State of California and 
the Public Utilities Commission of the State of California. This Notice 
requests comments of all interested parties on a draft Protective 
Order.

DATES: Comments must be filed on or before October 7, 1994.

ADDRESSES: Send comments to the Federal Communications Commission, 1919 
M Street, NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
Gina Harrison, Private Radio Bureau, Land Mobile and Microwave 
Division, (202) 632-7125.

SUPPLEMENTARY INFORMATION: At an ex parte meeting held on September 30, 
1994, in the proceeding on the Petition of the People of the State of 
California and the Public Utilities Commission of the State of 
California to Retain Regulatory Authority over Intrastate Cellular 
Service, referenced above, to which all parties of record were invited, 
representatives of the private Radio Bureau requested that all 
interested parties submit their comments on the attached Draft 
Protective Order on or before Friday, October 7, 1994. This Draft 
Protective Order addresses confidentiality issues raised by the Request 
for Proprietary Treatment of Documents Used in Support of Petition to 
Retain Regulatory Authority Over Intrastate Cellular Service Rates 
filed by the State of California and the Public Utilities Commission of 
the State of California on August 8, 1994.

    By the action of the Chief, Land Mobile and Microwave Division, 
Private Radio Bureau. For further information contact Gina Harrison, 
Private Radio Bureau, (202) 632-7125.

Draft Protective Order

    Adopted:    ;
    Released:

    By the Chief, Private Radio Bureau:
    It is hereby ordered:
    1. For purposes of this Order, ``Confidential Information'' 
shall mean and include trade secrets and commercial or financial 
information which is privileged or confidential under Exemption 4 of 
the Freedom of Information Act, 5 U.S.C. Sec. 552(b)(4), as well as 
material claimed to be gathered in an ongoing antitrust 
investigation of the cellular industry by the Attorney General of 
the State of California (Investigation).
    2. Confidential Information submitted herein by the People of 
the State of California and the Public Utilities Commission of the 
State of California (California) shall be segregated from all 
material filed and deemed non-confidential as generally set forth in 
the pleadings filed publicly by California on August 9, 1994, and 
subsequent revisions filed on September 13, 1994, in PR Docket No. 
94-105. Confidential information, as redacted, shall consist of:
    a. Market share data as contained in pages 29 to 34 of the 
unredacted Petition of the People of the State of California and the 
Public Utilities Commission of the State of California To Retain 
State Regulatory Authority Over Intrastate Cellular Service Rates 
(Petition) and Appendix E thereto. The data on page 29 is 
disaggregated by carrier, and on pages 30-35, aggregated by market. 
Some data on page 30 is further aggregated by combining data in two 
markets. The data in Appendix E is aggregated as to resellers by 
market, and disaggregated for cellular carriers.
    b. Capacity utilization figures as contained in pages 50-53 of 
the Petition, and in Appendix M. This data is aggregated for Los 
Angeles market on page 51 and Appendix M-1, and disaggregated as to 
specific carriers on pages 52-53 of the Petition and Pages M-1 to M-
3 of Appendix M.
    c. Financial data per subscriber unit, including revenues, 
operating expenses, plant, operating income, subscriber growth 
percentages for 1989-93, found in Appendix H to the Petition. This 
data is disaggregated as to specific cellular carriers.
    d. Number of customers per year, per rate plan, both wholesale 
and retail as contained in Appendix J to the Petition. This data is 
disaggregated as to specific cellular carriers.
    e. Material redacted from pages 42, 45 and 75 of the Petition 
which California claims to have been gathered in the Investigation.
    3. Confidential Information may be disclosed:
    a. to counsel for the Parties listed hereinafter in Appendix A 
(Parties) and their associated attorneys, paralegals and clerical 
staff predicated on a ``need to know'' basis.
    b. to specified persons, including employees of the 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 connection with PR Docket No. 94-
105.
    4. Counsel may request the Commission to provide one copy of 
Confidential Information (for which counsel must, as a prerequisite, 
acknowledge receipt pursuant to this Order), and counsel may 
thereafter make no more than two additional copies but only to the 
extent required and solely for the preparation and use in this 
proceeding, and provided further, that all such copies shall remain 
in the care and control of counsel at all times. Following the 
filing of Further Comments on ______, 1994, counsel shall retain 
custody of the Confidential Information until such time as it is 
necessary to prepare additional filings in connection with PR Docket 
No. 94-105 in the discretion of counsel. If such additional filings 
are necessary, counsel shall retain custody of the Confidential 
Information following submission of such additional filings. Counsel 
shall return to the Commission within forty-eight hours after the 
final resolution of PR Docket No. 94-105 all Confidential 
Information originally provided by the Commission as well as all 
copies made, and shall certify that no material whatsoever derived 
from such Confidential Information has been retained by any person 
having access thereto, except that counsel may retain copies of 
pleadings submitted on behalf of clients.
    5. Confidential Information shall not be used by any person 
granted access under this Order for any purpose, other than for use 
in this proceeding, and shall not be used for competitive business 
purposes or otherwise disclosed by such persons to any other person 
except in accordance with this Order. This shall not preclude the 
use of any material or information in the public domain or which has 
been developed independently by any other person.
    6. a. Counsel inspecting or copying Confidential Information 
shall apply for access to the materials covered by this Order under 
and by use of the ``Attorney Application For Access To Materials 
Under Protective Order'' appended to this Order.
    b. Counsel may disclose Confidential Information to persons to 
whom disclosure is permitted under the terms of this Order only 
after advising such persons of the terms and obligations of this 
Order.
    c. Counsel shall provide to the FCC and, in the absence of a 
need for confidentiality, to California, the name and affiliation of 
each person other than counsel to whom disclosure is made or to whom 
actual physical control over the documents is provided. To the 
extent that anyone's name is not disclosed to California, that fact 
shall be disclosed to the FCC and California.
    7. Parties may in any pleadings that they file in this 
proceeding, reference the Confidential Information, but only if they 
comply with the following procedures:
    a. any portions of the pleadings that contain or disclose 
Confidential Information are physically segregated from the 
remainder of the pleading:
    b. the portions containing or disclosing Confidential 
Information are covered by a separate letter referencing this 
Protective Order:
    c. each page of any Party's filing that contains or discloses 
Confidential Information subject to this Order is clearly marked 
``confidential information included pursuant to Protective Order, DA 
94-______.''
    d. the confidential portion of the pleading shall be served upon 
the Secretary of the Commission, California and the other Parties 
and not placed in the Commission's Public File, unless the 
Commission directs otherwise. The Parties may provide courtesy 
copies to the Legal Advisor to the Private Radio Bureau Chief, who 
will distribute the copies to the appropriate Commission personnel.
    8. Disclosure of materials described herein shall not be deemed 
a waiver by California or any other Party in any other proceeding, 
judicial or otherwise, of any privilege or entitlement to 
confidential treatment of such Confidential Information. Inspecting 
parties, by viewing said documents: (a) agree not to assert any such 
waiver; (b) agree not to use information derived from any 
confidential materials to seek disclosure in any other proceedings; 
and (c) agree that accidental disclosure of privileged information 
shall not be deemed a waiver of the privilege.
    9. The entry of this Order is without prejudice to the rights of 
California to apply for additional or different protection where it 
is deemed necessary or to the rights of the Parties to request 
further or renewed disclosure of Confidential Information. Moreover, 
it in no way binds the Commission from disclosing any information 
where the public interest so requires.
    10. This Order is issued under Section 0.331 of the Commission's 
Rules, 47 CFR 0.331, and is effective on its release date.

Federal Communications Commission.
Ralph A. Haller,
Chief, Private Radio Bureau.

Appendix A--Parties

AirTouch Communications
American Mobile Telecommunications Association, Inc.
Bakersfield Cellular Telephone Co.
Bay Area Cellular Telephone Company
California Public Utilities Commission, People of the State of 
California
Cellular Agents Trade Association
Cellular Carriers Association of California
Cellular Resellers Association, Inc.
Cellular Telecommunications Industry Association
County of Los Angeles
E.F. Johnson Co.
GTE Service Corporation
Los Angeles Cellular Telephone Company
McCaw Cellular Communications, Inc.
Mobile Telecommunications Technologies Corp.
National Cellular Resellers Association
Nextel Communications, Inc.
Paging Network, Inc.
Personal Communications Industry Association
Utility Consumers' Action Network & Towards Utility Rate 
Normalization
US West Cellular of California

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-24883 Filed 10-5-94; 8:45 am]
BILLING CODE 6712-01-M