WTB Issues Protective Order for Handset Unlocking NPRM

On October 4, 2024, the WTB released a Protective Order outlining the rules and procedures for handling sensitive information in the context of the Handset Unlocking Notice of Proposed Rulemaking.

Specifically, the Order defines various roles, such as Outside Counsel, In-House Counsel, and Outside Consultants, to clarify who can access sensitive information.  Submitting parties can designate certain types of business and strategic information as Confidential or Highly Confidential, especially regarding sensitive business negotiations, customer information, pricing strategies, and engineering capacity.  Access to highly confidential information is limited to specific personnel (e.g., Outside Counsel) and is tightly controlled.  Copies of sensitive documents are restricted, and stringent measures are in place to ensure their security, including electronic storage requirements.

Submitting parties must file both confidential and redacted public versions of documents.  Procedures are outlined for challenging the designation of confidential information or objecting to disclosure to specific parties.  After the conclusion of the proceeding, sensitive documents must be returned or destroyed, with certifications required to confirm compliance.

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