Request for Confidential Treatment

0147-EX-ML-2011 Text Documents

Commlabs, Inc.

2011-05-20ELS_116331

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                                                                                                            bruce.olcott@ssd.com




May 20, 2011

BY ELECTRONIC FILING

James Burtle
Experimental Licensing Branch
Office of Engineering and Technology
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Re:        Commilabs, Inc. Request for Confidential Treatment; Application for Modification of
           Experimental License File No. 0147—EX—ML—2011 (Call Sign WFE2XLW)

Dear Mr. Burtle:

       Commiabs, Inc. ("Commiabs"), through its attorneys, hereby requests that its application form and
the included exhibit to its modification ofits experimental authorization 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.""
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 CommIlabs® specific efforts to develop and test wireless
location technology, filed as an attachment to the Commlabs‘ application for modification of its
experimental license, ELS File No. O0147—EX—ML—2011, as well as technical details regarding its
equipment in the application form.‘        This information is proprietary trade secrets and commercial
information of Commlabs.‘ The market for development of wireless location technologies is a very

‘ Commlabs® experimental license being modified is call sign WF2XLW, ELS File No. 0147—EX—ML—2011.
* 5 U.S.C. § 552(b)(4); see also 47 C.F.R. § 0.457(d).
* See 47 CF.R. § 0.459(b)(1), (2).
* See 47 CF.R. § 0.459(b)(3).
                                                36 OrFices in 16 CountrIEs
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                                        PLEASE VISIT WWW.SSD.COM FOR MORE INFORMATION.


James Burtle                                                               SQUIRE, SANDERS & DEMPSEY (US) LLP
 May 20, 2011
Page 2




competitive one." Dueto the competitive environment for such services, release of this information could
harm Commlabs.©° 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 Commilabs not to disclose the details of its technologies and
methods. The commercial information contained in the exhibit and form have been strictly controlled by
Commilabs, 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.‘ Commlabs has not disclosed this commercial information to the public and disclosure to
any other party has been only as described herein." Commiabs requests that the subject information not
be made routinely available for public inspection at any time." The competitive technical and commercial
information contained in the exhibit would benefit Commilabs‘ competitors and harm Commilabs if it is
released for public inspection at any time.

        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.""

                                                      Sincerely,

                                                      coz\%masInc.


                                                      ‘firuce A.Olcott
                                                      Joshua T. Guyan
                                                      Squire, Sanders & Dempsey (US) LLP
                                                       1201 Pennsylvania Avenue, N.W.
                                                      Washington, D.C. 20004


                                                      Its Attorneys




5 See 47 CFR. § 0.459(b)(4).
© See 47 C.FR. § 0.459(b)(5).
‘ See 47 C.FR. § 0.459(b)(6).
8 See 47 CFR. § 0.459(b)(7).
° See 47 C.F.R. § 0.459(b)(8).
 See 47 CFR. § 0.459(b)(9).



Document Created: 2011-05-20 12:04:16
Document Modified: 2011-05-20 12:04:16

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