Redacted Request for Confidential Treatment

0011-EX-PL-2013 Text Documents

Google Inc.

2013-01-17ELS_132697

Lampert, O’Connor & Johnston, P.C. 1776 K Street NW, Suite 700 Washington, DC 20006 E. Ashton Johnston tel (202) 887-6230 johnston@lojlaw.com fax (202) 887-6231 January 17, 2013 Via Electronic Filing REDACTED VERSION Nancy Hey Experimental Licensing Branch Office of Engineering and Technology Federal Communications Commission 445 12th St., S.W. Room 7-A322 Washington, DC 20554 Re: Application for Experimental License File No. 0011-EX-PL-2013 Request for Confidential Treatment Dear Ms. Hey: Google Inc. (“Google”), pursuant to Sections 0.457 and 0.459 of the Commission’s rules, respectfully requests confidential treatment in connection with Google’s above-referenced Application for Experimental License (“Application”). Google provides the following information pursuant to 47 C.F.R. § 0.459(b) of the Commission’s rules. (1) Identification of the specific information for which confidential treatment is sought. This request is limited to the following information that has been redacted from the Application: Manufacturer Model Number [REDACTED]

Lampert, O’Connor & Johnston, P.C. Request for Confidential Treatment - File No. 0011-EX-PL-2013 CONFIDENTIAL January 17, 2013 Page 2 Google does not seek to withhold from public inspection Form 442 information necessary for interference mitigation, including applicant name, contact information, location, frequency, and power. Google also requests confidential treatment of the following portion of Exhibit 1 to the Application, which contains confidential and proprietary information regarding its proposed experimentation. (2) Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission. The information was submitted in connection with Google’s Application for Experimental License, File No. 0011-EX-PL-2013, filed January 17, 2013. (3) Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged. [REDACTED] The manufacturer name and model number constitutes confidential trade secrets, technical information, and business information [REDACTED]. The redacted information in Exhibit 1 also is commercial information regarding [REDACTED] . (4) Explanation of the degree to which the information concerns a service that is subject to competition: The information for which confidential treatment is sought concerns the highly competitive consumer electronics market, and this information regarding Google’s private business and operations “would customarily be guarded from competitors.” See 47 C.F.R. §§ 0.459(a)(4), 0.457(d)(2).

Lampert, O’Connor & Johnston, P.C. Request for Confidential Treatment - File No. 0011-EX-PL-2013 CONFIDENTIAL January 17, 2013 Page 3 (5) Explanation of how disclosure of the information could result in substantial competitive harm. Disclosure of the information would reveal confidential trade secrets, technical information, and business information, resulting in disruption of Google’s vendor relationships in the highly competitive consumer electronics market. (6) Identification of any measures taken by the submitting party to prevent unauthorized disclosure. Please see response to item (7) below. (7) Identification of whether the information is available to the public and the extent of any previous disclosure of the information to third parties. Google has not made the information subject to this request available to the public or to any third parties, does not routinely disclose such commercially sensitive information to the public or to third parties, and has established procedures to protect such information internally. Google voluntarily provides the information at this time with the expectation that it will be treated confidentially in accordance with the Commission’s rules. See Critical Mass Energy Project v. Nuclear Regulatory Comm’n, 975 F.2d 871, 879 (D.C. Cir. 1992) (commercial information provided 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.”). (8) Justification of the period during which the submitting party asserts that material should not be available for public disclosure. Google requests that the information be held confidential during the period for which experimental authority is requested, and thereafter until such information no longer is deemed confidential and proprietary by Google and no longer subject to Google’s internal procedures for maintaining its confidentiality. (9) Any other information that the party seeking confidential treatment believes may be useful in assessing whether its request for confidentiality should be granted. The information for which confidential treatment is requested falls within Exemption 4 of the Freedom of Information Act (“FOIA”), which provides a statutory basis for withholding from public inspection “matters that are trade secrets and commercial or financial information obtained from a person and privileged or confidential.” 5 U.S.C. § 522(b)(4).

Lampert, O’Connor & Johnston, P.C. Request for Confidential Treatment - File No. 0011-EX-PL-2013 CONFIDENTIAL January 17, 2013 Page 4 Consistent with 47 C.F.R. § 0.459(d)(1), Google requests notification if release of the information subject to this request is requested pursuant to the FOIA or otherwise, so that Google may have an opportunity to oppose grant of any such request. Respectfully submitted, E. Ashton Johnston Counsel to Google Inc.


Document Created: 2013-01-17 15:06:03
Document Modified: 2013-01-17 15:06:03
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