Request for Confidential Treatment

0164-EX-ML-2013 Text Documents

Google Inc.

2013-09-10ELS_141191

E. Ashton Johnston 1776 K Street NW, Suite 700 tu 202.887.6230 ‘ | ' Washington, DC 20006 inx 202.887.6231 www.comm—law.com johnston@comm—law.com COMMUNICATIONS AW COUNSEL, PC. September 10, 2013 Via Electronic Filing 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: Modification of Experimental License, Call Sign WF2XYY, File No. 0164—EX—ML—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 Modification of Experimental License ("Modification"). Google provides the following information pursuant to Section 0.459(b) of the rules, 47 C.F.R. § 0.459(b). (1) Identification ofthe specific informationfor which confidential treatment is sought. This request is limited to the following information that has been redacted from the Modification: Manufacturer Model Number [REDACTED]

COMMUNICATIONS LAW COUNSEL, P.C. Request for Confidential Treatment — File No. 0164—EX—ML—2013 September 10, 2013 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 proposed number offixed and mobile transmitters to be operated, and of the following portion of Exhibit 1 to the Modification, which contains confidential and proprietary information regarding its proposed experimentation: [REDACTED]

COMMUNICATIONS LAW COUNSEL, P.C. Request for Confidential Treatment —— File No. 0164—EX—ML—2013 September 10, 2013 (2) Identification of the Commission proceeding in which the information was submitted or a description ofthe circumstances giving rise to the submission. The information was submitted in connection with Google‘s Modification of Experimental License, Call Sign WF2XYY, File No. 0164—EX—ML—2013, filed September 10, 2013. (3) Explanation ofthe degree to which the information is commercial or financial, or contains a trade secret or is privileged. Agreements entered into between Google and the manufacturers identified above require that confidential information ofthe parties be held in strict confidence, and that such information not be disclosed to any third party (with limited exceptions not applicable to this request). The manufacturer name and model number constitutes confidential trade secrets, technical information, and business information under the agreements. The redacted information in Exhibit 1 also is commercial information regarding Google‘s plans regarding experimentation and testing of new services and equipment. (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). (5) Explanation of howdisclosure ofthe 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 ofany measures taken by the submitting party to prevent unauthorized disclosure. Please see response to item (7) below.

COMMUNICATIONS LAW COUNSEL, P.C. Request for Confidential Treatment — File No. 0164—EX—ML—2013 September 10, 2013 (7) Identification of whether the information is available to the public and the extent ofany 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 to the Commission 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 Freedom of Information Act (FOIA) 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 ofthe period during which the submitting party asserts that material should not be availablefor 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 requestfor confidentiality should be granted. The information for which confidential treatment is requested falls within Exemption 4 of the 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). 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, & SRLAPAker E. Ashton Johnston Counsel to Google Inc.


Document Created: 2019-02-19 14:50:19
Document Modified: 2019-02-19 14:50:19
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