Letter

1425-EX-ST-2016 Text Documents

CACI, Inc. - Federal

2016-09-29ELS_182676

Stephanie A. Roy 202 429 6278 sroy@steptoe.com 1330 Connecticut Avenue, NW Washington, DC 20036-1795 202 429 3000 main www.steptoe.com September 29, 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. 0231-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 and vendor portions of the attached renewal 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 renewal application for Special Temporary Authority, File No. 0231-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 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 September 29, 2016 Page 2 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 above-referenced experimental license application. 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: 2016-09-29 11:11:59
Document Modified: 2016-09-29 11:11:59
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