Confidentiality Request and Exhibits PUBLIC

0371-EX-ST-2014 Text Documents

Google Inc.

2014-05-07ELS_148983

                                                                                    Google Inc.
                                                                     File No. 0371-EX-ST-2014

Date:                 May 7, 2014
Subject:              Request for Confidentiality
FCC File Number:      0371-EX-ST-2014


To Whom It May Concern:

        Google Inc. (“Google”), pursuant to 5 U.S.C. § 552 and Sections 0.457 and 0.459 of the
Commission's Rules, 47 C.F.R. §§ 0.457, 0.459, hereby requests that certain information
complementary to its above-referenced application for an extension of Special Temporary
Authority (“STA Extension Application”) be treated as confidential and not subject to public
inspection. The designated information constitutes confidential and proprietary information that,
if subject to public disclosure, would cause significant commercial, economic, and competitive
harm. As described below, Google’s request satisfies the standards for grant of such requests set
forth in Sections 0.457 and 0.459 of the Commission’s Rules.

       In accordance with Section 0.459(b) and in support of this request, Google provides the
following information:


1.     Identification of the Information for Which Confidential Treatment is Sought:

       Google’s request for confidential treatment is limited to the following information that
       has been redacted from the STA Extension Application and complementary exhibits:

       Application:

       [REDACTED]

       Google does not seek to withhold from public inspection information in the STA
       Extension Application necessary for interference mitigation, including applicant name,
       contact information, test location, frequency, output power, effective radiated power,
       emission characteristics and modulation.


       Exhibit A - STA Extension Justification:

Google requests confidential treatment of the following underlined text from Exhibit A that
contains confidential and proprietary information regarding the proposed tests/experiments.

       Consistent with Google’s application for a New Radio Station Under Part 5 of FCC
Rules – Experimental Radio Service (File No. 0347-EX-PL-2014), the STA Extension is needed
for demonstration and testing of technology

       [REDACTED]


                                                                                       Google Inc.
                                                                        File No. 0371-EX-ST-2014

      Timely grant of this STA Extension request will serve the public interest by allowing
Google to test and demonstrate

       [REDACTED]

       Grant of this experimental STA Extension Application will not adversely impact any
authorized user of RF spectrum.

       [REDACTED]

Moreover, Google has already been conducting similar tests in this area under a grant of special
temporary authority, and no disruptions have been noted.



       Footnote 1: [REDACTED]
       Footnote 2: [REDACTED]



       Exhibit B - Technical Information:

Google requests confidential treatment of the following portions from Exhibit B that contain
confidential and proprietary information regarding the proposed tests/experiments.

       [REDACTED]


       Exhibit C – [REDACTED]:

Confidential treatment is sought for Exhibit C in its entirety.


2.     Identification of the Commission proceeding in which the information was
       submitted or a description of the circumstances giving rise to the submission.

       The above-referenced Exhibits were submitted to the Commission in support of the STA
       Extension Application. These Exhibits were filed with the Office of Engineering and
       Technology on May 7, 2014. For additional information, please see File No. 0371-EX-
       ST-2014.




                                 Request for Confidentiality - Page 2


                                                                                                Google Inc.
                                                                                 File No. 0371-EX-ST-2014

3.      Explanation of the degree to which the information is commercial or financial or
        contains a trade secret or is privileged.

        The information requested to be kept confidential has significant commercial value. The
        details of the STA Extension Application tests/experiments may include trade secret
        information. The Commission has clarified that confidential treatment should be
        afforded to trade secrets. 1 Google’s tests/experiments and proprietary wireless
        applications using particular radiofrequency equipment represent a “secret commercially
        valuable plan” within the meaning of a trade secret as recognized by the Commission.

        In addition, agreements entered into between Google and the parties identified above
        require that confidential information of the 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.

4.      Explanation of the degree to which the information concerns a service that is
        competitive.

        The services and technologies that are the subject of this STA Extension Application
        have not yet been fully developed but are expected to lead to material developments in
        markets subject to competition from multiple U.S. and non-U.S. third parties.

5.      Explanation of how disclosure of the information could result in substantial
        competitive harm.

        The technology under development is highly sensitive and confidential in nature. The
        release of such information would provide valuable insight into Google’s technology
        innovations and potential business plans and strategies. Public disclosure will jeopardize
        the value of the technology under examination by enabling others to utilize Google’s
        information to develop similar products in a similar timeframe.

6.      Identification of any measures taken by the requesting party to prevent
        unauthorized disclosure.

        Google has taken steps to keep confidential the information set forth in the confidential
        exhibits by limiting the number of people involved in the tests/experiments to only those
        on a “need to know” basis, and by requiring that all third parties involved in the
        preliminary analysis execute robust nondisclosure agreements.




1
  Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the
Commission, Report and Order, GC Docket No. 96-55, at para. 3, (released Aug. 4, 1998) (defining “trade secrets”
for purpose of Commission rules on confidential treatment).


                                     Request for Confidentiality - Page 3


                                                                                      Google Inc.
                                                                       File No. 0371-EX-ST-2014

7.     Identification of whether the information is available to the public and the extent of
       any previous disclosures of the information to any third parties.

       The information contained in the confidential exhibits is not available to the public, and
       has only been disclosed to third parties pursuant to the restrictive safeguards described
       above.

       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 of the requested period of confidentiality.

       Google expects that confidential treatment is necessary for the length of the proposed
       experiment and thereafter in order to protect its evolving business and technology
       strategies.

9.     Any other information that would be useful in assessing whether this request should
       be submitted.

       The information subject to this request for confidentiality should not be made available
       for public disclosure at any time. There is nothing material that public review of this
       information would add to the Commission’s analysis of Google’s request for an
       experimental authorization.

       Moreover, public disclosure of the sensitive information in the confidential exhibits to the
       STA Extension Application after the Commission has ruled on the Request for
       Confidentiality is not necessary for the Commission to fulfill its regulatory
       responsibilities.

       Consistent with 47 C.F.R. § 0.459(d)(l), 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.


Sincerely yours,



Aparna Sridhar
Counsel
Google Inc.


                                Request for Confidentiality - Page 4


                                                                                   Google Inc.
                                                                    File No. 0371-EX-ST-2014

                        EXHIBIT A – NARRATIVE STATEMENT

        Consistent with the standards set forth in Section 5.61 of the Federal Communications
Commission’s (“FCC’s” or “Commission’s”) Rules, 47 C.F.R. § 5.61, Google Inc. (“Google”)
outlines below its need for the requested extension of Special Temporary Authority (“STA
Extension”) and the compelling reasons why File No. 0371-EX-ST-2014 should be granted
expeditiously.

       Google requests that the STA Extension be granted for a period of 180 days. Consistent
with Google’s application for a New Radio Station Under Part 5 of FCC Rules – Experimental
Radio Service (File No. 0347-EX-PL-2014) (“Experimental License Application”), it is
uncertain at this time whether testing will continue for a longer duration. See 47 C.F.R. §
5.71(b). If so, Google will file for an extension of the STA and/or Experimental License term as
necessary.

        Google offers technologies that span the entire wireless economy—including mobile
operating systems, mobile search, cloud-based services, and maps. Without exception, these
businesses depend on access to robust spectrum resources as well as wireless infrastructure.
Given the ever-increasing and competing demands on finite spectrum resources and wireless
infrastructure, Google has become an advocate for responsible shared use of spectrum resources,
an innovator in developing cutting-edge technologies to maximize the efficient reuse of
spectrum, and a pioneer in extending wireless infrastructure to underserved or unserved
communities.

        The STA Extension is needed for demonstration and testing of technology



        [REDACTED]



      Timely grant of File No. 0371-EX-ST-2014 will serve the public interest by allowing
Google to test and demonstrate



        [REDACTED]



       Grant of this STA Extension will not adversely impact any authorized user of RF
spectrum.



        [REDACTED]12

1
    [REDACTED]


                                                                                 Google Inc.
                                                                  File No. 0371-EX-ST-2014

       In summary, grant of the requested STA Extension is required for the purpose of
allowing Google to test and demonstrate innovative technology with the potential to advance
numerous public interest goals. For these reasons, Google requests approval of File No. 0371-
EX-ST-2014.




2
    [REDACTED]
                                      Exhibit A – Page 2


                                                                                    Google Inc.
                                                                     File No. 0371-EX-ST-2014

                        EXHIBIT B - TECHNICAL INFORMATION

Applicant Name:                 Google Inc.
Applicant FRN:                  0016069502

Legal Contact Details
Name of Contact:                Aparna Sridhar
Contact Details:                Counsel
                                1101 New York Avenue NW, Second Floor
                                Washington, DC 20009

Technical Contact Details
Name of Contact:                Cyrus Behroozi
Contact Details:                1600 Amphitheatre Parkway
                                Mountain View, CA 94043
                                Phone: 650-906-9938
                                Email: cyrusb@google.com

[REDACTED]
[REDACTED]                      [REDACTED]

[REDACTED]                              [REDACTED]
Radius of Operation             Not to exceed 161 kilometers
                                 (100 miles) from geographic
                                          centerpoint
Geographic Centerpoint                  40° 25' 26.1" N
(Lat / Long. NAD 83)                   116° 16' 39.8" W
Equipment under test will not operate in a 25-mile radius around the coordinates of 40° 50'
1.5216" N / 115° 45' 40.7154" W.

Frequency Range / Tolerance         High (MHz)        Low (MHz)
                                    2145.0000         2155.0000

Frequency Range /     Modulation      Emission        Bandwidth       Power Out       EIRP
Tolerance                             Designator      (MHz)           (Watts)         (dBW)
                      Digital         W7D             10               10 W           24.27


                                                                                    Google Inc.
                                                                     File No. 0371-EX-ST-2014


Antenna Details
[REDACTED]               [REDACTED]
[REDACTED]               [REDACTED]
Gain                     6 dBi
Beam Width at Half-      90
Power Point
Orientation in           NA
Horizontal Plane
Orientation in           NA
Vertical Plane

[REDACTED]
[REDACTED]                      [REDACTED]

[REDACTED]                             [REDACTED]
Radius of Operation             Not to exceed 161 kilometers
                                 (100 miles) from geographic
                                          centerpoint
Geographic Centerpoint                 40° 25' 26.1" N
(Lat / Long. NAD 83)                  116° 16' 39.8" W
Equipment under test will not operate within a 25-mile radius around the coordinates of 40° 50'
1.5216" N / 115° 45' 40.7154" W.

Frequency Range / Tolerance High (MHz)               Low (MHz)
                            1745.0000                1755.0000

Frequency Range /     Modulation     Emission         Bandwidth       Power Out      EIRP
Tolerance                            Designator       (MHz)           (Watts)        (dBW)
                      Digital        W7D              10               10 W          24.27

Antenna Details
[REDACTED]               [REDACTED]
[REDACTED]               [REDACTED]
Gain                     6 dBi
Beam Width at Half-      90
Power Point
Orientation in           NA
Horizontal Plane
Orientation in           NA
Vertical Plane

[REDACTED]




                                       Exhibit B – Page 2


                                        Google Inc.
                         File No. 0371-EX-ST-2014


EXHIBIT C – [REDACTED]



Document Created: 1080-12-12 00:00:00
Document Modified: 1080-12-12 00:00:00

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