Exhibit 1

1020-EX-ST-2015 Images

FCL Tech, Inc.

2015-09-16ELS_167208

Steptoe sterror a sonnson tir September 16, 2015 Via ELECTRONIC FILING Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street NW Washington, DC 20554 Re: Request for Confidential Treatment, File No. 1020—EX—ST—2015 Dear Ms. Dortch: Pursuant to the provisions of Sections 0.457 and 0.459 of the Commission‘s rules governing submission ofconfidential materials,‘ FCL—Tech, Inc. ("FCL") respectfully requests that the portions ofthe attached applicationidentifying the manufacturer ofits antennas be afforded confidential treatment and not be placed in the Commission‘s public files. FCL is providing thisinformation to the Commission in a confidential exhibit to accompany its application for Special Temporary Authority, File No. 1020—EX—ST—2015. 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 privilcge.2 FCL therefore requests that the Commission "not permit the inspection"ofthese materials." In support ofthis request and pursuant to 47 C.F.R. § 0.459(b), FCLhereby states as follows: 1. The confidential information constitutes commercial information that has not been made public by FCL, is not available to FCL‘s competitors, and pertains to product specifications in the highly competitive dispenser market. No public statements by FCLor any other party has been released about the antennae and work in this spectrum orin this space. FCL is working under a Non—Disclosure Agreement ("NDA") and filing the application publicly would violate this ‘ 1d. §§.0.457, 0.459. * See 47 C.F.R. §0.457(d); Critical Mass Energy Project v. NRC, 975 F.2d 871, 879 (D.C. Cir. 1992) ("[WJe conclude thatfinancial or commercial information provided to the Government on a voluntary basis is ‘confidential‘ for the purpose ofExemption 4 ifit is ofa kind that would customarily not be released to the public by the person from whomit was obtained."). 347 C.F.R. § 0.451.

Marlene H. Dortch Steptoe September 16, 2015 Page 2 agreement. Disclosure ofthis work could compromise the relationship between FCL and its vendors by undermining the NDA process and potentially notifying a vendor‘s competition aboutits activities in this area. The confidential information provided contains FCLvendor information. Currently, other competitors in the industry are not aware of this activity with this spectrum and the requested bandwidth. Competitors‘ discovery ofthis information would alert themto this activity, undermining the confidentiality of their business plan. The confidential information is being submitted to the Commission to assist in the review ofthe attached experimentallicense application. FCL requests that the confidentialinformation be withheld from disclosure for an indefinite period. Because of FCL‘s NDA as well as the competitive nature of FCL‘s business, disclosure ofthis information at any time could jeopardize the competitive position of both FCL and any vendor it works with. Finally, FCL notes that a denialof its request would impair the Commission‘s ability to obtain this type of voluntarily disclosed informationin 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.‘ The U.S. Court of Appeals for the D.C. Circuit has recognized a "private interest in preserving the confidgmialily ofinformation that is provided to the Government on a voluntary basis." * 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."). * Id. at 879.

Marlene H. Dortch Steptoe September 16, 2015 smurion s romson us Page 3 FCL is also submitting a confidential exhibit providing this information. FCLrequests that the Commission return this submission if its request for confidentiality is denied." Respectfully submitted, Aetf. PCY Christopher Bjornson Counsel to FCL Tech, Inc. ® See 47 C.F.R. §0.459(c).


Document Created: 2015-09-16 15:34:19
Document Modified: 2015-09-16 15:34:19
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