Request for Confidential Treatment

0094-EX-ML-2012 Text Documents

Commlabs, Inc.

2012-05-30ELS_126187

                                                   NextNav LLC
                                         Request for Confidential Treatment
                                             FCC Call Sign WF2XLW

                                                           May 2012

       NextNav, LLC (“NextNav”), through its attorneys, hereby requests that the included Application
Narrative to its application for modification of its experimental license be given confidential treatment
and withheld from public inspection pursuant to Section 0.459 of the Commission’s Rules, 47 C.F.R. §
0.459.

        Pursuant to the Freedom of Information Act (“FOIA”), public disclosure is not required for “trade
secrets, commercial or financial information obtained from a person and privileged and confidential.”1
The commercial information contained herein falls squarely within this exemption from public disclosure.

        Pursuant to Section 0.459(b) of the Commission’s Rules, 47 C.F.R. § 0.459(b), the following
information is provided in support of the request for confidential treatment. The information for which
confidential treatment is sought is a description of NextNav’s specific efforts to develop and test wireless
location technology, filed as an attachment to NextNav’s experimental license modification application,
ELS File No. 0094-EX-ML-2012. 2 This information is proprietary trade secrets and commercial
information of NextNav. 3 The market for development of wireless location technologies is a very
competitive one.4 Due to the competitive environment for such services, release of this information could
harm NextNav.5 This is especially true due to the fact that equipment has not yet been developed to
provide cost effective and reliable terrestrial-based wireless location monitoring services and competing
efforts are ongoing to develop and deploy such equipment.

       It is customary for companies such as NextNav not to disclose the details of its technologies and
methods. The commercial information contained in the exhibit has been strictly controlled by NextNav,
with distribution limited to internal use only and to other parties (pursuant to appropriate non-disclosure
agreements) only for the specific purpose of conducting research, development, and testing of the
technology.6 NextNav has not disclosed this commercial information to the public and disclosure to any
other party has been only as described herein.7 NextNav requests that the subject information not be
made routinely available for public inspection at any time.8 The competitive technical and commercial
information contained in the exhibit would benefit NextNav’s competitors and harm NextNav if it is
released for public inspection at any time.
1
    5 U.S.C. § 552(b)(4); see also 47 C.F.R. § 0.457(d).
2
    See 47 C.F.R. § 0.459(b)(1), (2).
3
    See 47 C.F.R. § 0.459(b)(3).
4
    See 47 C.F.R. § 0.459(b)(4).
5
    See 47 C.F.R. § 0.459(b)(5).
6
    See 47 C.F.R. § 0.459(b)(6).
7
    See 47 C.F.R. § 0.459(b)(7).
8
    See 47 C.F.R. § 0.459(b)(8).


James Burtle
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Page 2

        Finally, the public interest will be served by the granting of this request for confidential treatment.
It is in the public interest that equipment and technologies be developed to provide wireless location
monitoring services to facilitate competition in the provision of such services.9

                                                      Sincerely,
                                                      NEXTNAV, INC.


                                                      _________________________________
                                                      Bruce A. Olcott
                                                      Squire Sanders (US) LLP
                                                      1200 19th Street, N.W.
                                                      Washington, D.C. 20036

                                                      Its Attorneys




9
    See 47 C.F.R. § 0.459(b)(9).



Document Created: 2012-05-30 19:20:47
Document Modified: 2012-05-30 19:20:47

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