Letter 1

1100-EX-ST-2016 Text Documents

CACI, Inc. - Federal

2016-07-19ELS_179637

July 19, 2016


VIA ELECTRONIC FILING

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

Re:      Request for Confidential Treatment, File No. 1100-EX-ST-2016


Dear Ms. Dortch:

        Pursuant to the provisions of Sections 0.457 and 0.459 of the Commission’s rules
governing submission of confidential materials,1 CACI, Inc. – Federal (“CACI”) respectfully
requests that the explanation, purpose, and vendor portions of the attached application be
afforded confidential treatment and not be placed in the Commission’s public files. CACI is
providing this information to the Commission in a confidential exhibit to accompany its
application for Special Temporary Authority, File No. 1100-EX-ST-2016. 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 CACI, is not available to the public, and not revealed
except under cover of confidentiality.2 CACI 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), CACI hereby states as
follows:

             1. Knowledge of CACI’s test plan would allow competitors to infer or confirm
                information about CACI’s business strategy of which they are currently unaware.

             2. The confidential information is being submitted to the Commission to assist in the
                review of the attached experimental license application.



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
July 19, 2016
Page 2

              3. CACI requests that the confidential information be withheld from disclosure for
                 an indefinite period. Because of the competitive nature of CACI’s business,
                 disclosure of this information could jeopardize the competitive position of both
                 CACI and any vendor it works with.

              4. Finally, CACI notes that a denial of its request would impair the Commission’s
                 ability to obtain this type of voluntarily disclosed information in the future,
                 making review of applications more problematic. The ability of a government
                 agency to continually obtain confidential information was the legislative intent for
                 developing exemptions from the Freedom of Information Act.4 The U.S. Court of
                 Appeals for the D.C. Circuit has recognized a “private interest in preserving the
                 confidentiality of information that is provided to the Government on a voluntary
                 basis.”5

        CACI is also submitting a confidential exhibit providing this information. CACI requests
that the Commission return this submission if its request for confidentiality is denied.6


                                                       Respectfully submitted,



                                                       _/s/ Stephanie Roy____
                                                       Stephanie A. Roy
                                                       Counsel to CACI, Inc. – Federal




4
 See Critical Mass Energy Project v. NRC, 975 F.2d 871, 878 (D.C. Cir. 1992) (“Where,
however, the information is provided to the Government voluntarily, the presumption is that [the
Government’s] interest will be threatened by disclosure as the persons whose confidences have
been betrayed will, in all likelihood, refuse further cooperation.”).
5
    Id. at 879.
6
    See 47 C.F.R. § 0.459(e).



Document Created: 2016-07-19 16:22:37
Document Modified: 2016-07-19 16:22:37

© 2026 FCC.report
This site is not affiliated with or endorsed by the FCC