ELS Confidentiality Request

0499-EX-CN-2017 Text Documents

Island Radar Company, LLC

2017-06-27ELS_194366

   June 26, 2017

   Federal Communications Commission
   Office of Engineering and Technology
   445 12th Street, SW
   Washington, DC 20554


   Re: Experimental License Application 0499-EX-CN-2017
   The subject application for an experimental license included the submission of a technical
   paper that was developed for publication by AREMA (American Railway Engineering and
   Maintenance-of-Way Association) later this year. This paper provides a succinct briefing on
   the intended use of the device being developed and evaluated. However, the applicant
   hereby requests that it should not be made available at this time to the general public and
   should be treated as confidential information.

   Supporting information requested in §0.459(b) follows:

      (1) Identification of the specific information for which confidential treatment is sought;

                    A preliminary technical paper, marked as Confidential, entitled “Intrinsically
                    Failsafe Radar as an Alternative to Track Circuits”
      (2) Identification of the Commission proceeding in which the information was submitted
          or a description of the circumstances giving rise to the submission;

                    Form 422, Experimental License Application 0499-EX-CN-2017
      (3) Explanation of the degree to which the information is commercial or financial, or
          contains a trade secret or is privileged;

                    The purpose, use, and techniques employed for this device are the subject of a
                    recent submitted provisional patent application. There is concern that we might
                    jeopardize the validity of a non-provisional patent application if specifics
                    regarding the intended use of the device being evaluated is made available to
                    the general public prior to the submission of a non-provisional patent
                    application.
      (4) Explanation of the degree to which the information concerns a service that is subject
          to competition;

                    Following the initial development and evaluation phase of the project the
                    applicant intends to evaluate commercialization of the product in a manner
                    that is consistent with prevailing FCC rules and regulations. Publication of
                    information pertaining to the market value of the device, and its use as a
                    component of existing railroad signaling systems, compromises the
                    innovativeness and future value of such a commercialized product.



Tom Hilleary
Island Radar Company, LLC
25055 West Valley Parkway, Suite 104
Olathe, Kansas 66061
816.256.4499
tom.hilleary@islandradar.com


                                                                         June 26, 2017



  (5) Explanation of how disclosure of the information could result in substantial
      competitive harm;
             Publication of this use information prior to submission of a non-provisional
             patent application can interfere with acceptance of a patent application by the
             US Patent and Trademark Office (PTO).

  (6) Identification of any measures taken by the submitting party to prevent
      unauthorized disclosure;
             Unauthorized use and distribution of the material is protected by its limited and
             controlled distribution as well as by Non-Disclosure Agreements executed by
             project participants.
  (7) Identification of whether the information is available to the public and the extent of
      any previous disclosure of the information to third parties;
             No information has been made available to the general public. Any information
             made available to third parties involved in the project has been protected by
             its limited and controlled distribution as well as by Non-Disclosure Agreements
             executed by project participants.

(8) Justification of the period during which the submitting party asserts that material
should not be available for public disclosure; and

             One of the criteria for acceptance for publication by AREMA following the peer
             review process, is that the paper has not been published elsewhere. If
             accepted, the paper is intended to be published in the AREMA Conference
             Proceedings currently scheduled for September 2017.

(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 paper should not be made available prior to its publication by the AREMA
             organization in its upcoming conference proceedings.



Thank you for consideration in this matter.



Sincerely,


Tom Hilleary
Manager
Island Radar Company, LLC




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Document Created: 0450-04-26 00:00:00
Document Modified: 0450-04-26 00:00:00

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