FCC Acts to Protect Broadband Data

The Federal Communications Commission issued a protective order on October 8 to protect "documents or other materials that contain proprietary or confidential information." The order is intended to facilitate and expedite the review of confidential information submitted by interested persons. Submitted information can be designated as Highly Confidential and the FCC 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 the National Broadband Plan proceeding. To qualify as "Highly Confidential," the information is not otherwise available from public sources and that consists of detailed or granular information regarding the location, type, or cost of last-mile infrastructure used by a Submitting Party to offer broadband service. Submissions may also be classified as Confidential Information. In all cases where access to Confidential Information or Highly Confidential Information is permitted, before reviewing or having access to any Confidential Information or Highly Confidential Information, the person seeking such access shall sign an appropriate Acknowledgment and file it with the FCC. Each Submitting Party shall have an opportunity to object to the disclosure of Confidential Information or Highly Confidential Information to any persons seeking access. Any objection must be filed at the Commission within three business days after receiving a copy of that person's Acknowledgment.

The order was released in conjunction with a new request for information about the impact of middle and second mile access on broadband availability and deployment.