Request for Confidential Treatment and Exhibit PUBLIC

0885-EX-ST-2019 Text Documents

Google

2019-05-13ELS_229809

                                                                     PUBLIC REDACTED VERSION

                                                                                                Google
                                                                              File No. 0885­EX­ST­2019


Date:          May 13, 2019

Subject:       Public and Redacted Versions of Request for Confidential Treatment and
               Complementary Exhibit

To Whom It May Concern:

        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 Special Temporary Authority (STA 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 Application and complementary exhibit (Exhibit). Google does
not seek to withhold from public inspection information necessary for interference mitigation,
including applicant name, contact information, test location, frequency, output power, effective
radiated power, emission characteristics and modulation.


        Exhibit - Special Temporary Authority Justification:

        Google requests confidential treatment of the following underlined text that contains
        confidential and proprietary information regarding the proposed tests/experiments.
        Google does not request confidential treatment of any location information included in
        the appendix to the Exhibit.

           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 outlines below its need for the requested application for Special Temporary
           Authority (STA) and the compelling reasons why this STA should be granted
           expeditiously.

                 Google requests that the STA be granted for a period of 180 days. The STA is
           needed to test wireless broadband and multimedia services [REDACTED]. Should


                                                                Request for Confidential Treatment ­ Page 1


                                                           PUBLIC REDACTED VERSION

                                                                                      Google
                                                                    File No. 0885­EX­ST­2019


any interference be reported, the proposed tests will cease immediately unless and
until the interference is resolved to the satisfaction of the complainant.

       Based on the foregoing, Google requests approval of this STA Application.

Contacts

  Legal                                      Technical
  Sybil Anne Strimbu                         Dr. Andrew Clegg
  Legal Specialist                           1875 Explorer Street, 10th Floor
  25 Massachusetts Avenue NW, 9th            Reston, VA 20190
  Floor                                      (202) 370-5644
  Washington, DC 20001                       aclegg@google.com
  sybil@google.com

Transmitter Equipment and Station Details

Radio Information

  Equipment             [REDACTED]
  Quantity              [REDACTED]
  Area of Operation     Operation not to exceed 12 km from the following
                        geographic centerpoint:

                            ●   33° 06’ 12” N, 96° 57’ 56” W

                        The proposed area of operation is: (1) outside of all Citizens
                        Broadband Radio Service (CBRS) coastal and in-land Dynamic
                        Protection Areas (E-DPAs and P-DPAs) (see Appendix) and (2)
                        outside of the shipborne radar envelope exclusion zones listed at
                        https://www.ntia.doc.gov/fcc-filing/2015/ntia-letter-fcc-
                        commercial-operations-3550-3650-mhz-band.
  Frequencies           3400 MHz - 3700 MHz




                                                      Request for Confidential Treatment ­ Page 2


                                                                        PUBLIC REDACTED VERSION

                                                                                                   Google
                                                                                 File No. 0885­EX­ST­2019


            Antenna Details

              Antennas                                [REDACTED]
              Type                                    Directional panels & omnidirectional
                                                      verticals
              Gain                                    0 - 17 dBi
              Beam Width at Half-Power Point          30 - 360
              Orientation in Horizontal Plane         Various (0-360 azimuth)
              Orientation in Vertical Plane           Various (+10 to -45)

            Transmitter #1: Transportable/Fixed

              Radio              Modulation    Emission Bandwidth Max Output Max ERP
                                               Designator (MHz)   Power (W)   (kW)1
              [REDACTED]        LTE (OFDM) 10M0W7D                 10               20            0.122
              [REDACTED]        LTE (OFDM) 20M0W7D                 20               40            0.244
              [REDACTED]        LTE (OFDM) 40M0W7D                 40               80            0.487

            Transmitter #2: Mobile

              Radio              Modulation    Emission Bandwidth Max Output Max ERP
                                               Designator (MHz)   Power (W)   (kW)2
              [REDACTED]        LTE (OFDM) 10M0F9W                 10                2           0.0012
              [REDACTED]        LTE (OFDM) 20M0F9W                 20                4           0.0024
              [REDACTED]        LTE (OFDM) 40M0F9W                 40                8           0.0049



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 Exhibit was submitted to the Commission in support of the STA
Application. For additional information, please see File No. 0885-EX-ST-2019.




1 Because the proposed testing will not involve using the maximum output power combined with the
maximum antenna gain, the maximum ERP for the transportable/fixed transmitter was calculated based
on the maximum output power and a 10 dBi antenna gain.
2 The maximum ERP for the mobile transmitter was calculated based on no antenna gain (0 dBi).

                                                                   Request for Confidential Treatment ­ Page 3


                                                                        PUBLIC REDACTED VERSION

                                                                                                   Google
                                                                                 File No. 0885­EX­ST­2019


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 Application tests/experiments may include trade secret information. The
Commission has clarified that confidential treatment should be afforded to trade secrets.3
Google’s tests/experiments and proprietary wireless applications using particular radio
frequency 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 any parties that provided
equipment for testing or will provide analysis of test results 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 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 would jeopardize the value of the
technology under examination by enabling others to utilize Google’s information to develop
similar products in a similar time frame.



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
Exhibit by limiting the number of people involved in the tests/experiments to only those on a


3 Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the
Commission, Report and Order, 13 FCC Rcd. 24816, ¶3 (1998) (defining “trade secrets” for the purpose
of Commission rules on confidential treatment).
                                                                   Request for Confidential Treatment ­ Page 4


                                                                       PUBLIC REDACTED VERSION

                                                                                                  Google
                                                                                File No. 0885­EX­ST­2019


“need to know” basis, and by requiring any third parties involved in the testing process to
execute robust nondisclosure agreements.



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 Exhibit is not available to the public, and
has only been disclosed to third parties pursuant to restrictive safeguards.

         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 will be 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 Exhibit to the
STA 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,




Sybil Anne Strimbu

                                                                  Request for Confidential Treatment ­ Page 5


                                                                      PUBLIC REDACTED VERSION

                                                                                                Google
                                                                              File No. 0885­EX­ST­2019


               EXHIBIT - SPECIAL TEMPORARY AUTHORITY JUSTIFICATION

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 outlines below its need
for the requested application for Special Temporary Authority (STA) and the compelling reasons
why this STA should be granted expeditiously.

        Google requests that the STA be granted for a period of 180 days. The STA is needed to
test wireless broadband and multimedia services [REDACTED]. Should any interference be
reported, the proposed tests will cease immediately unless and until the interference is resolved
to the satisfaction of the complainant.

       Based on the foregoing, Google requests approval of this STA Application.

Contacts

    Legal                                            Technical
    Sybil Anne Strimbu                               Dr. Andrew Clegg
    Legal Specialist                                 1875 Explorer Street, 10th Floor
    25 Massachusetts Avenue NW, 9th Floor            Reston, VA 20190
    Washington, DC 20001                             (202) 370-5644
    sybil@google.com                                 aclegg@google.com

Transmitter Equipment and Station Details

 Radio Information

    Equipment                      [REDACTED]
    Quantity                       [REDACTED]
    Area of Operation              Operation not to exceed 12 km from the following
                                   geographic centerpoint:

                                       ●   33° 06’ 12” N, 96° 57’ 56” W

                                   The proposed area of operation is: (1) outside of all Citizens
                                   Broadband Radio Service (CBRS) coastal and in-land Dynamic
                                   Protection Areas (E-DPAs and P-DPAs) (see Appendix) and (2)
                                   outside of the shipborne radar envelope exclusion zones listed at
                                   https://www.ntia.doc.gov/fcc-filing/2015/ntia-letter-fcc-
                                   commercial-operations-3550-3650-mhz-band.
    Frequencies                    3400 MHz - 3700 MHz



                                                                              STA Justification ­ Page 1


                                                                       PUBLIC REDACTED VERSION

                                                                                                  Google
                                                                                File No. 0885­EX­ST­2019


 Antenna Details

    Antennas                                [REDACTED]
    Type                                    Directional panels & omnidirectional verticals
    Gain                                    0 - 17 dBi
    Beam Width at Half-Power Point          30 - 360
    Orientation in Horizontal Plane         Various (0-360 azimuth)
    Orientation in Vertical Plane           Various (+10 to -45)

 Transmitter #1: Transportable/Fixed

    Radio               Modulation     Emission          Bandwidth    Max Output          Max ERP
                                       Designator          (MHz)      Power (W)            (kW)1
    [REDACTED]         LTE (OFDM)      10M0W7D              10             20                0.122
    [REDACTED]         LTE (OFDM)      20M0W7D              20             40                0.244
    [REDACTED]         LTE (OFDM)      40M0W7D              40             80                0.487

 Transmitter #2: Mobile

    Radio               Modulation     Emission          Bandwidth    Max Output          Max ERP
                                       Designator          (MHz)      Power (W)            (kW)2
    [REDACTED]         LTE (OFDM)      10M0F9W              10              2               0.0012
    [REDACTED]         LTE (OFDM)      20M0F9W              20              4               0.0024
    [REDACTED]         LTE (OFDM)      40M0F9W              40              8               0.0049




1 Because the proposed testing will not involve using the maximum output power combined with the
maximum antenna gain, the maximum ERP for the transportable/fixed transmitter was calculated based
on the maximum output power and a 10 dBi antenna gain.
2 The maximum ERP for the mobile transmitter was calculated based on no antenna gain (0 dBi).

                                                                                STA Justification ­ Page 2


                                                                  PUBLIC REDACTED VERSION

                                                                                            Google
                                                                          File No. 0885­EX­ST­2019


           APPENDIX - DISTANCE TO CLOSEST DYNAMIC PROTECTION AREA

       The closest Dynamic Protection Area (DPA) to the proposed area of operation is the
McKinney DPA, which is defined as a wedge of radius 416 km from azimuth 135 deg to 225
deg, based on the P-DPA KML file posted at https://www.ntia.doc.gov/fcc-filing/2015/ntia-letter-
fcc-commercial-operations-3550-3650-mhz-band.

       As seen in the image below, a 12 km radius (yellow line) from the proposed area of
operation is just outside the boundary of the McKinney DPA (green area).




                                                                          STA Justification ­ Page 3



Document Created: 2019-05-14 18:33:08
Document Modified: 2019-05-14 18:33:08

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