The Commission, by its International Bureau, took the following actions pursuant to delegated authority. The effective date of these actions is the release date of this Notice, except were an effective date is specified. On June 30, 2006, the Policy Branch granted with conditions Hughes Communications, Inc. (HNS) modification request, File Nos. SAT-MOD-20050523-00106, as amended by SAT-AMD-20060306-00025, Call Sign: S2663, to change the orbital location from 95 W.L to 94.95 W.L., to reduce the bandwidth on the satellite, and to deploy one Ka-band satellite, SPACEWAY-3, in lieu of the two satellites previously authorized. Accordingly, HNS is authorized to construct, launch, and operate its SPACEWAY-3 Ka-band satellite at the 94.95 W.L. orbit location operating in the 19.7-20.2 GHz (space-to-Earth) and 29.5-30.0 GHz (Earth-to-space) frequency bands in accordance with the terms, conditions, and technical specifications set forth in its application, the attachment to grant, and the Commission's rules. SAT-MOD-20050523-00106 E S2663 Hughes Communications, Inc. Modification Grant of Authority Effective Date: 06/30/2006 Nature of Service: Fixed Satellite Service On June 30, 2006, the Policy Branch granted with conditions Hughes Communications, Inc. (HNS) modification request, File Nos. SAT-MOD-20050523-00106, as amended by SAT-AMD-20060306-00025, Call Sign: S2663, to change the orbital location from 95 W.L to 94.95 W.L., to reduce the bandwidth on the satellite, and to deploy one Ka-band satellite, SPACEWAY-3, in lieu of the two satellites previously authorized. Accordingly, HNS is authorized to construct, launch, and operate its SPACEWAY-3 Ka-band satellite at the 94.95 W.L. orbit location operating in the 19.7-20.2 GHz (space-to-Earth) and 29.5-30.0 GHz (Earth-to-space) frequency bands in accordance with the terms, conditions, and technical specifications set forth in its application, the attachment to grant, and the Commission's rules. The Bureau has determined that Hughes Communications, Inc. (HNS) has met the Contract Execution, Critical Design Review and Construction Completion milestones associated with this authorization and may reduce the bond amount by 25% for each milestone met as provided in the Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 02-34, 18 FCC Rcd 10760 (2003), Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02-34, 19 FCC Rcd 12637 (2004). Therefore, Hughes Communications, Inc. (HNS) may reduce its required bond amount to $750,000 instead of $3 million. The Bureau has determined that Star One S.A. has met the Contract Execution milestone associated with this authorization (File No. SAT-PPL-20050708-00144) and may reduce the bond amount by 25% as provided in the Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking. IB Docket No. 02-34, 18 FCC Red 10760 (2003); Amendment of the Commission's Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, IB Docket No. 02-34, 19 FCC Rcd 12637 (2004). For more information concerning this Notice, contact the Satellite Division at 202-418-0719; TTY 202-418-2555. 1. On May 12, 2006, the Wireline Competition Bureau (the “Bureau") issued a Protective Order (the "First Protective Order") regarding confidential or proprietary documents that have been or may be submitted by AT&T Inc. (“AT&T") and BellSouth Corporation ("BellSouth”) (collectively, “the Applicants") and others that have or may become parties to this proceeding (individually, each is a "Submitting Party," and collectively the "Submitting Parties"). For the reasons set forth below, we hereby adopt a further Protective Order (the "Second Protective Order") to ensure that certain highly confidential and competitively sensitive documents and information that may be submitted by the Submitting Parties are afforded adequate protection. 2. On June 23, 2006, the Bureau issued an initial request for information to the Applicants. On July 6, 2006, the Applicants stated that there are certain documents and information responsive to the Bureau's request which constitute some of their most sensitive business data, the release of which would place the Applicants at a significant competitive disadvantage. For this material, the Applicants seek additional protection beyond the First Protective Order. 3. The Commission will grant more limited access to those materials which, if released to competitors, would allow those competitors to gain a significant advantage in the marketplace. For example, a company's list of specific customers or customer data (including revenues associated with the specific customer or group of customers) disaggregated to a relatively detailed level, and competitive analyses including specific future pricing, product or marketing plans could all allow competitors to target 1 AT&T Inc. and BellSouth Corporation Applications for Approval of Transfer Of Control, WC Docket No. 06-74, Order, DA 06-1032 (rel. May 12, 2006) (“First Protective Order”). Letter from Thomas J. Navin, Chief, Wireline Competition Bureau, to Wayne Watts, Senior Vice President & Associate General Counsel, AT&T, and Mr. James G. Harralson, Vice President & Associate General Counsel, BellSouth, WC Docket 06-74, Attach. at 4 (filed June 23, 2005). 3 Letter from John B. Gibson, AT&T Inc. and Bennett L. Ross, BellSouth Corporation, to Thomas J. Navin, Chief, Wireline Competition Bureau, WC Docket No. 06-74 (filed July 6, 2006). 4 See, e.g., SBC Communications, Inc. and AT&T Corp. Applications for Approval of Transfer of Control, WC Docket No. 05-65, Order, DA 05-1322 (rel. May 9, 2005) (adopting a second protective order); Verizon Communications, Inc. and MCI, Inc. Applications for Approval of Transfer of Control, WC Docket No. 05-75, Order, DA 05-1538 (rel. May 25, 2005) (adopting a second protective order). customers and gain an unfair competitive advantage if they were to obtain the information. Accordingly, we will permit persons submitting such documents and information and those of a similarly competitively sensitive nature to designate those materials as Highly Confidential and, as provided below, we will limit access to such materials to outside counsel of record, their employees, and outside consultants and experts whom they retain to assist them in this proceeding. We find that such materials are necessary to develop a more complete record on which to base the Commission's decision in this proceeding and therefore require their production. We are mindful of their highly sensitive nature, but we must also protect the right of the public to participate in this proceeding in a meaningful way. We conclude that the protections adopted in this Second Protective Order will give appropriate access to the public while protecting a Submitting Party's competitively sensitive information, and will thereby serve the public interest. The Second Protective Order covers only those portions of documents or data that fall into one of the categories specified below. Further, it does not cover responses to written interrogatories. 4. Any party seeking access to confidential documents subject to the Second Protective Order shall request access pursuant to the terms of the Second Protective Order and must sign the Acknowledgement of Confidentiality, attached as Appendix A ("Acknowledgement"). 5. Definitions. As used herein, capitalized terms, not otherwise defined herein, shall have the following meanings: "Stamped Highly Confidential Document” means any document, or any part thereof, that bears the legend (or which otherwise shall have had the legend recorded upon it in a way that brings its attention to a reasonable examiner) "HIGHLY CONFIDENTIAL INFORMATION - SUBJECT TO SECOND PROTECTIVE ORDER IN WC DOCKET NO. 06-74 before the Federal Communications Commission," unless the Commission determines, sua sponte or by request pursuant to sections 0.459 or 0.461 of its rules, that any such document is not entitled to such confidential treatment. The term "document" means any written, recorded, electronically stored, or graphic material, whether produced or created by the Submitting Party or another person. By designating a document a "Stamped Highly Confidential Document," a Submitting Party signifies that it contains information that the Submitting Party believes should be subject to protection under FOIA, the Commission's implementing rules and this Second Protective Order. "Highly Confidential Information" means information contained in Stamped Highly Confidential Documents or derived therefrom that is not otherwise available from publicly available sources. Specifically, the responses requested by the Initial Information Request in Docket No. 06-74 covered by the Second Protective Order are those portions of documents or data - or entire documents, if eligible in their entirety - that disclose the following: the identity or characteristics of specific customers or those with whom a company is negotiating (specifications 7, 13(b), 16, 19, 30 and 32); revenues and numbers of customers disaggregated by customer type and a market area smaller than the nation (such as the MSA for in-region areas and franchise area for out-of-state areas) (specifications 5(a), 12(a), 24, 29(b) and (c)); details of the Submitting Party's future plans to compete for a customer or specific groups or types of customers (e.g., business or wholesale customers) specifically including the Submitting Party's future pricing strategies, product strategies, or marketing strategies (specifications 8-10, 20-22, 26, 27 and 3335); detailed or granular engineering capacity information (specifications 14(a), 14(b)(i)-(ii), 14(c)(i)-(ii) and 17); detailed or disaggregated quantification of merger integration benefits or efficiencies (specifications 53(c) and (f) and 54-56); the underlying carriers the Submitting Party uses when providing U.S.-international resale services and the relative percentage of the Submitting Party's minutes of U.S.international resale traffic carried by each underlying carrier (specifications 46(3), 47(3) and 48(3)); world-total minutes and revenues for facilities-based U.S.-international traffic and pure resale U.S.international traffic (combined) (specification 49); revenues and minutes associated with U.S. international service provided through prepaid calling cards (specification 50); and those portions of documents that have some of the characteristics of more than one category of competitive sensitivity listed above. To the extent that a Submitting Party believes that future submissions fall into one of these categories, the Submitting Party must file a letter explaining which category the information falls within, and the Submitting Party may file under this Second Protective Order only those documents specifically authorized by the Bureau. "Outside Counsel of Record” or “Outside Counsel" means the firm(s) of attorneys, or sole practitioner(s), as the case may be, representing a party in these proceedings, provided that such persons are not involved in competitive decision-making, i.e., Outside Counsel's activities, association, and relationship with a client do not involve advice about or participation in the business decisions of the client or of any competitor of a Submitting Party nor the analysis underlying the business decisions. Outside Counsel of Record includes any attorney representing a non-commercial party in these proceedings, provided that such a person is not involved in the competitive decision-making activities of any competitor of a Submitting Party. "Outside Consultants" means consultants or experts retained for the purpose of assisting Counsel or a party in this proceeding, provided that the Outside Consultants are not involved in competitive decision-making, i.e., Outside Consultants' activities, association, and relationship with a client do not involve advice about or participation in the business decisions of the client or any competitor of a Submitting Party nor the analysis underlying the business decisions. Outside Consultants include any expert employed by a non-commercial party in these proceedings, provided that such a person is not involved in the competitive decision-making activities of any competitor of a Submitting Party. "Reviewing Party" means a person who has obtained access to Highly Confidential Information (including Stamped Highly Confidential Documents) pursuant to paragraphs 8 and 11 of this Second Protective Order. 6. Use of Highly Confidential Information. Persons obtaining access to Highly Confidential Information (including Stamped Highly Confidential Documents) under this Second Protective Order shall use the information solely for the preparation and conduct of this license transfer proceeding before the Commission as delimited in this and subsequent paragraphs, and any judicial proceeding arising directly from this proceeding and, except as provided herein, shall not use such documents or information for any other purpose, including, without limitation, business, governmental, or commercial purposes, or in other administrative, regulatory or judicial proceedings. Should the Commission rely upon or otherwise make reference to the contents of any of the Stamped Highly Confidential Documents or Highly Confidential Information in its decision in this proceeding, it will do so by redacting any Highly Confidential Information from the public version of the decision and by making the unredacted version of the decision available only to a court and to those persons entitled to access to Highly Confidential Information under this Second Protective Order. 7. Non-Disclosure of Stamped Highly Confidential Information. Except with the prior written consent of the Submitting Party, or as hereinafter provided under this Second Protective Order, neither a Stamped Highly Confidential Document nor any Highly Confidential Information may be disclosed by a Reviewing Party to any person other than the Commission and its staff. 8. Permissible Disclosure. Subject to the requirements of paragraph 11, Stamped Highly Confidential Documents may be reviewed by Outside Counsel and Outside Consultants. Outside Counsel and Outside Consultants may disclose Stamped Highly Confidential Documents and other Highly Confidential Information to: (1) paralegals or other employees of such Outside Counsel or Outside Consultants not |