Confidential Treatment Request

0330-EX-CN-2019 Text Documents

Astro Digital US, Inc.

2019-04-19ELS_228069

Astro Digital US, Inc. 3171 Jay St Santa Clara, CA 95054 Astro Digital US, Inc. -- Application for Experimental Spectrum Utilization (FCC Part 5) Request for Confidential Treatment Astro Digital US, Inc. (“Astro Digital”), pursuant to Sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R. §§ 0.457 and 0.459, hereby requests that certain information in connection with its application be treated as confidential and not subject to public inspection. The designated information constitutes confidential and highly sensitive information that, if subject to public disclosure, would cause significant commercial and competitive harm. As described below, Astro Digital request satisfies the standards for grant of such requests set forth in Sections 0.457 and 0.459 of the Commission’s rules. It would also adversely affect U.S. law enforcement and security interests generally. In accordance with Section 0.459(b) of the Commission’s rules and in support of this request, Astro Digital provides the following information: 1. Identification of the specific information for which confidential treatment is sought. The specific information which requires confidential treatment relates to the specific propellant and propellant system characteristics associated with Apollo Fusion’s ACE electric propulsion system, which is the subject of the proposal experimentation and testing. The technical data provided in the FCC Form 442, as well as the information contained in the application Narrative and Technical Appendix, can be made publicly available. This confidentiality request itself does not contain any confidential information and, therefore, can also be made publicly available. 2. Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission: The confidential information is submitted in connection with Apollo Fusion’s application for an FCC Part 5 Experimental Spectrum Utilization filed concurrently with this request for confidential treatment. 3. Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged: Information relating to propellant and propellant system characteristics is highly proprietary and commercially sensitive. It includes confidential information concerning the application of Apollo Fusion’s technology, including design and implementation strategies, that are otherwise uniformly subject to strict non-disclosure agreements. Disclosure of such information would cause irreparable injury and substantial harm to Apollo Fusion’s ongoing business operations and competitive position.

Astro Digital US, Inc. 3171 Jay St Santa Clara, CA 95054 4. Explanation of the degree to which the information concerns a service that is subject to competition: The information contained herein includes information of a highly confidential and proprietary nature relating to the development of technology for commercial satellite propulsion systems. This is a highly competitive industry and the inadvertent release of any private technical design or implementation information would have a severe negative impact on Apollo Fusion’s competitive position in the marketplace. 5. Explanation of how disclosure of the information could result in the substantial competitive harm: The disclosure of the substantive propellant and propellant system characteristics could have an extremely negative impact on Apollo Fusion ongoing business operations and competitive position. Proprietary information developed by Apollo Fusion will be used to extends the benefits of electric propulsion to the smallsat industry. Even limited information regarding the propellant and propellant system characteristics, which are not in the public domain and are subject to strict confidentiality provisions, could be used to severely undermine Apollo Fusion’s first-mover advantage and must not be shared with competitors. 6. Identification of any measures taken by the submitting party to prevent unauthorized disclosure: The information relating to the propellant and propellant system characteristics is not currently available to the public in any form and Apollo Fusion takes all commercially necessary steps to prevent this information from being disclosed to the public. Apollo Fusion and Astro Digital have made this information available only to a small selection of people directly related to the project, and only on a need-to-know basis and subject to strict non-disclosure provisions. 7. Identification of whether the information is available to the public and the extent of any previous disclosure of the information to third parties: The information relating to the propellant and propellant system characteristics that is subject to this request for confidential treatment is not currently available to the public and Apollo Fusion and Astro Digital take all commercially necessary steps to prevent the information from being disclosed to the public. Only those persons or entities directly involved in the project are privy to the subject proprietary information, and only after any such part has executed a non- disclosure agreement.

Astro Digital US, Inc. 3171 Jay St Santa Clara, CA 95054 8. Justification of the period during which the submitting party asserts that material should not be available for public disclosure: Astro Digital requests that the information relating to the propellant and propellant system characteristics be kept confidential indefinitely. Such a period is justifiable in light of the substantial competitive and technology transfer concerns inherent in the commercial satellite and propulsion system manufacturing industries. Due to the sensitive nature of the information, Apollo Fusion’s requests that the information be kept confidential for an indefinite period.


Document Created: 2010-01-01 00:00:00
Document Modified: 2010-01-01 00:00:00
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