Confidentiality Request

0265-EX-CN-2018 Text Documents

Airobotics Inc.

2018-03-28ELS_207191

                                                               Hogan Lovells US LLP
                                                               Columbia Square
                                                               555 Thirteenth Street, NW
                                                               Washington, DC 20004
                                                               T +1 202 637 5600
                                                               F +1 202 637 5910
                                                               www.hoganlovells.com




March 28, 2018


VIA ELECTRONIC FILING

Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street N.W.
Washington, DC 20554

Re:       Airobotics Inc.
          Request for Confidential Treatment
          Experimental Licensing Service File No. 0265-EX-CN-2018

Dear Ms. Dortch:

        Airobotics Inc. (“Airobotics”) respectfully requests that the FCC afford confidential treatment
to the entire scope of its test plan included in the attached experimental radio service license
application pursuant to the provisions of Sections 0.457 and 0.459 of the Commission’s rules
governing the submission of confidential materials.1 Airobotics additionally requests that the
Commission not place any of the Confidential Information in the Commission’s public files.
Airobotics is providing this information to the Commission in a Confidential Narrative Statement and
Confidential Exhibits to accompany its application, File No. 0265-EX-CN-2018. The confidential
information qualifies as “commercial or financial information” that “would customarily be guarded
from competitors” regardless of whether or not such materials are protected from disclosure by a
privilege, is closely held by Airobotics, is not available to the public, and not revealed except under
cover of confidentiality.2 Airobotics therefore requests that the Commission not permit the inspection
of these materials.3

        In support of this request and pursuant to 47 C.F.R. § 0.459(b), Airobotics makes its request
for confidential treatment based on the following information:




1
    47 C.F.R. §§ 0.457, 0.459.
2
  See 47 C.F.R. § 0.457(d); Critical Mass Energy Project v. NRC, 975 F.2d 871, 879 (D.C. Cir. 1992)
(“[W]e conclude that financial or commercial information provided to the Government on a voluntary
basis is ‘confidential’ for the purpose of Exemption 4 if it is of a kind that would customarily not be
released to the public by the person from whom it was obtained.”).
3
    47 C.F.R. § 0.451.


Marlene H. Dortch
March 28, 2018




        1. Airobotics seeks confidential treatment for the entire scope, specifications, and objectives
of the experiments to be conducted under this application, other than the FCC Form 442, this
Request for Confidential Treatment, and the Stop Buzzer contact information provided in Exhibit 2 to
the Form 442 (the “Confidential Information”).

       2. Airobotics is submitting the Confidential Information as part of an experiment application to
conduct the experimentation described in its response to Question Seven of the application.

       3. The information regarding Airobotics’s proposed experiments is privileged commercial
information and is restricted solely to Airobotics.

       4. The market for unmanned aerial systems (UAS) is innovative, fast-developing, and
competitive. Airobotics’s business of developing communication modes in support of UAS is subject
to competition from other device, software, and network developers.

        5. Due to the competitive nature of Airobotics’s business, disclosure of information about its
test plans would result in substantial competitive harm to Airobotics. Knowledge of Airobotics’s
technologies and specifications of its testing plan would allow competitors to infer or confirm
information about Airobotics’s business strategy of which they are currently unaware or uncertain,
and could jeopardize Airobotics’s competitive position in the market.

      6. Airobotics strictly limits information about its technologies and test plans to Airobotics
employees and potential clients, subject to execution of binding non-disclosure agreements.

       7. Airobotics has not made the Confidential Information publicly available and the
Confidential Information is not generally available for any other source.

         8. Airobotics requests that the proprietary information be withheld from disclosure for an
indefinite period, at a minimum the entire duration of the experimental license.

        9. UAS research and development is fast-growing and competitive. The premature
disclosure of Airobotics’s Confidential Information would harm the competitive position of Airobotics
and potentially put it at a disadvantage compared to its competitors.

        Airobotics is submitting a Confidential Narrative Statement providing information regarding
the specifications of the experiments to be conducted under this application. Airobotics requests
that the Commission return this submission if its request for confidentiality is denied.4 Please direct
any questions to the undersigned.




4
    See 47 C.F.R. § 0.459(e).


Marlene H. Dortch
March 28, 2018




                    Respectfully submitted,

                    /s/ C. Sean Spivey

                    C. Sean Spivey

                    Senior Associate
                    Hogan Lovells US LLP
                    sean.spivey@hoganlovells.com
                    (202) 637-3280

                    Counsel to Airobotics Inc.



Document Created: 2018-10-31 05:20:45
Document Modified: 2018-10-31 05:20:45

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