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First Confidentiality Notices Filed Under New FCC Protective Order Rules

Seven Steptoe and Johnson employees are the first to submit acknowledgements of confidentiality under the FCC's new protective order on access to confidential documents made public Friday (see 1509110055). The firm is representing Dish Network in Charter Communications' buys of…

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Bright House Networks and Time Warner Cable, and their acknowledgements were posted Wednesday. In an FCC blog last week, General Counsel John Sallet said the new confidentiality rules fulfill the U.S. Court of Appeals for the D.C. Circuit's insistence on clarification of procedures for the handling of confidential information in transaction reviews. So far, only the unredacted version of the application is subject to the protective order, he said. "The Commission has yet to ask the Applicants or others to produce any kind of video programming information at issue [in the court decision] thus there has not yet been any decision whether the Commission will collect such information," Sallet said. "In the future, if the Commission staff seeks such information, then the protective order procedures ensure that any objecting programmers have ample opportunities to protect their interests before any information is made available under the protective order."