Exhibit 2 Confidentiality Request

0027-EX-ML-2016 Text Documents

Dynetics, Inc.

2016-02-02ELS_172280

"Public" Exhibit 2 CONFIDENTIALITY REQUEST Application for Modification of 2 Year Experimental License FILE NO. 0027—EX—ML—2016 By the above—referenced application ("Application"), Dynetics, Inc. ("Dynetics") requests that the Commission grant certain modifications to the 2 year experimental license under call sign WH2XCQ, for the operation of the facilities ("Facilities") specified in the instant Application. Pursuant to 47 C.F.R. §0.459, confidential treatment of the information contained in Exhibit 3 to the instant Application ("Exhibit 3") is requested. In accordance with 47 C.F.R. §0.459(b), confidential treatment of Exhibit 3 is requested for the following reasons: 1. Confidential treatment is requested for the entirety of the information contained in Dynetics‘ Exhibit 3. For the sake of clarity, this is to confirm that confidentiality is requested for Exhibit 3 to the Application, but the technical data present in the Form itself, as well as the information contained in Exhibit 1, can be made publicly available. This Confidentiality Request itself does not contain any confidential information and, therefore, can also be made publicly available. 2. The submission in connection with which the subject information is being submitted is the instant Application submitted by Dynetics, Inc. under File No. 0027—EX— ML—2016. 3. The information contained in Exhibit 3 constitutes confidential, proprietary trade secret or other commercial information concerning the services and operations that Dynetics provides or hopes to provide to current and potential customers, and the company‘s strategic research and development strategies. Disclosure of such information would cause irreparable injury and substantial harm to Dynetics‘ ongoing business operations and competitive position. The information is extremely sensitive and is not available to the public in any substantially similar form. The information in Exhibit 3 is an integral part of the design and engineering process associated with Dynetics‘ implementation of the research program with which the Application is associated. 4. The information contained herein includes information of a highly confidential and proprietary nature, as the development and creation of invention and technology is the backbone of the defense and government contractor industry. As Dynetics seeks to achieve an edge over its competitors, it is the development of its proprietary information that will dictate to what extent the company may maintain such edge. The industry is a most competitive one, and the inadvertent release of any proprietary information would have a severe negative impact on Dynetics‘position in the marketplace. 5. Dynetics‘ competitive position could be particularly negatively affected by a disclosure of confidential information to the public, which, of course, includes

Dynetics‘ larger competitors. Due to Dynetics‘ relative size and power in the marketplace, disclosure of the information in Exhibit 3 would cause irreparable injury and substantial harm to Dynetics‘ ongoing business operations and competitive position. At the core of Dynetics‘ operations is its development of proprietary information, which it uses as the basis to obtain a competitive edge over other government contractors. Improper disclosure of proprietary information, and the release of such disclosure could have an extremely negative impact on the ability of Dynetics and its operations. Also, certain proprietary information developed by Dynetics is used as the basis for development of systems and functions used in the defense of the United States. Due to the unique nature of Dynetics‘ prime customer, the United States government, confidentiality of our proprietary information must be the company‘s priority. 6. The information in Exhibit 3, when combined with the information in the Form itself, is not currently available to the public in any substantially similar form. Dynetics takes all commercially necessary steps to prevent this information from being disclosed to the public. Dynetics requires, prior to the release of any of its proprietary information, that any such receiving party execute a fully negotiated non—disclosure agreement to restrict the use and potential redisclosure of Dynetics proprietary information. All proprietary information released by Dynetics, whether it is to a competitor or to the United States government, is appropriately marked as proprietary prior to delivery, along with cautionary statements regarding the use of such information. 7. The information in Exhibit 3 is not currently available to the public in any substantially similar form. Dynetics takes all commercially necessary steps to prevent the information in the Exhibit from being disclosed to the public. As mentioned above, only those persons or entities such as subcontractors, joint venturers and the United States government, are privy to the company‘s proprietary information, and only after any such party has executed a non—disclosure agreement. 8. Dynetics requests that Exhibit 3 be kept confidential indefinitely. Such a time period is justifiable in light of the substantial and continuing competitive concerns inherent in the defense contracting industry that are discussed above in paragraph 4. As additional rationale for the confidentiality of the information, due to the sensitive nature of the information and the potential for its use in military applications, Dynetics requests that the information be kept confidential for an indefinite period. Given the substantial public policy reasons provided by Dynetics in support of maintaining the confidentiality of Exhibit 3, and the lack of any compelling reason to make Exhibit 3 available to the public, Dynetics hereby respectfully requests that Exhibit 3 be withheld from public disclosure pursuant to 47 C.F.R. §0.459. Pursuant to 47 C.F.R. §0.459(e), Dynetics hereby reserves the right, in the unlikely event that the instant Confidentiality Request is denied by the Commission — to withdraw Exhibit 3 in its entirety prior to Exhibit 3 being placed in the Commission‘s public files.


Document Created: 2019-04-24 11:26:00
Document Modified: 2019-04-24 11:26:00
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