FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,166
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part, that Comcast and NBCUniversal have complied with the conditions in the Order.' We are mindful
of the highly sensitive nature of the documents described in this letter, 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 the Second Protective Order give appropriate access to the public while protecting a
Submitting Party's competitively sensitive information, and thereby will serve the public interest.
We agree that the information that you describe in your letter has been allowed to be designated "Highly
Confidential" under the Commission's protective orders, including that in this proceeding. Accordingly,
to the extent that the Hulu LLC Agreement (or portions thereof) both fall within the category of
information listed below and contain Highly Confidential Information, as defined in the Second
Protective Order for Compliance,' then such document (or portions thereof) may be designated and
submitted as "Highly Confidential" under the Second Protective Order. To the extent that portions of the
Hulu LLC Agreement do not contain Highly Confidential Information, such portions of the document are
to be produced in unredacted format or submitted as "Confidential" under the First Protective Order for
Compliance,5 as appropriate.
Category Eligible for Highly Confidential Treatment
* Internal Hulu Governance. The Order requires NBCUniversal to "submit to the
Commission documentation evidencing that its interest in Hulu is purely economic.'"6
Comcast and NBCU intend to submit the current version of the Hulu LLC Agreement.
The document may reveal non-public and highly sensitive details about the ownership
and control structure of Hulu, which would harm not only NBCUniversal but also Hulu
and its non-NBCU owners, who are not parties to this proceeding. Applicants may
submit such documentation under this Second Protective Order for Compliance only to
the extent that it contains Highly Confidential Information as defined above.
William T. Lake
Chief, Media Bureau
3 In the Matter ofApplications of Comcast Corporation, General Electric Company and NBC Universal, Inc. for
Consent to Assign Licenses or Transfer Control of Licensees, Memorandum Opinion and Order, MB Docket No. 10-
56, FCC 11-4 (rel. Jan. 20, 2011) (the "Order").
"Highly Confidential Information" means information contained in Stamped Highly Confidential Documents or
derived there from that is not otherwise available from public sources and that the Submitting Party has kept strictly
confidential that the Submitting Party has kept strictly confidential, and that, the Submitting Party claims, constitutes
some of its most sensitive business data which, if released to competitors, would allow those competitors to gain a
significant advantage in the marketplace. See Second Protective Order for Compliance at para. 5.
In the Mater ofApplications of Comcast Corporation, General Electric Company and NBC Universal, Inc. for
Consent to Assign Licenses or Transfer Control of Licensees, Second Protective Order for Compliance, MB Docket
No. 10-56, DA 11-340 (MB rel. Feb. 22, 2011) ("Protective Order for Compliance").
6 Order at App. A, IV.C.4.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/338/: accessed February 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.