Request for Confidentiality for Exhibit

0643-EX-PL-2014 Text Documents

Locker, LLC

2014-09-04ELS_153173

                                                                                              Exhibit 1

                              CONFIDENTIALITY REQUEST
                            Application for Experimental License
                           Locker, LLC - File No. 0643-EX-PL-2014

      Pursuant to 47 C.F.R. §0.459, confidential treatment of the information contained in
Exhibit 2, entitled "Response Narrative to Question 4, FCC Form 442," to the instant
Application (referred to herein as "Exhibit 2") is requested for the following reasons:

       1.     Confidential treatment is requested for the entirety of the information contained
in Locker's Exhibit 2. This Confidentiality Request itself does not contain any confidential
information and, therefore, can also be made publicly available.

       2.       The information contained in Exhibit 2 constitutes confidential, proprietary
commercial information concerning the services and operations that Locker is contracted to the
US Government to provide. Disclosure of such information would cause irreparable injury and
substantial harm to Locker's ongoing business operations and competitive position. The
information is extremely commercially sensitive and is not available to the public in any
substantially similar form. The information in Exhibit 2 is an integral part of the design,
engineering and manufacturing process associated with Locker's implementation of the system
with which this application is associated.

        3.      The information contained herein includes information of a highly confidential and
proprietary nature, as the development and creation of invention and technology is the backbone
of the defense and government contractor industry. As Locker seeks to achieve an edge over its
competitors, it is the development of its proprietary information that will dictate to what extent the
company may maintain such edge. The industry is a most competitive one, and the inadvertent
release of any proprietary information would have a severe negative impact on Locker's position
in the marketplace.

        4.      Locker's competitive position could be particularly negatively affected by a
disclosure of confidential information to the public, which, of course, includes Locker's larger
competitors. Due to Locker's relative size and power in the marketplace, disclosure of the
information in Exhibit 2 would cause irreparable injury and substantial harm to Locker's ongoing
business operations and competitive position. At the core of Locker's operations is its
development of proprietary information, which it uses as the basis to obtain a competitive edge
over other government contractors. Improper disclosure of proprietary information, and the
release of such disclosure could have an extremely negative impact on the ability of Locker and
its operations. Also, certain proprietary information developed by Locker is used as the basis for
development of systems and functions used in the defense of the United States. Due to the
unique nature of Locker's prime customer, the United States government, confidentiality of our
proprietary information must be the company's priority. The United States Government also
requires that this information not be publicly disclosed.

       6.      The information in Exhibit 2 is not currently available to the public in any




                                            2


substantially similar form. Locker takes all commercially necessary steps to prevent this
information from being disclosed to the public. Locker requires, prior to the release of any of its
proprietary information, that any such receiving party execute a fully negotiated non-disclosure
agreement, as Locker takes all appropriate steps to ensure that our proprietary information is not
released to anyone without their being full restriction on its use and potential re-disclosure. All
proprietary information released by Locker to the Government is appropriately marked as
proprietary or with cautionary statements regarding the use of such information.

         7.       Locker requests that Exhibit 2 be kept confidential indefinitely. Such a time period
is justifiable in light of the substantial and continuing competitive concerns inherent in the
defense contracting industry discussed above. In addition, due to the sensitive nature of the
information and the potential for its use in military applications, Locker requests that the
information be kept confidential for an indefinite period.

        8.     Grant of the Application is necessary for Locker to implement its responsibilities
to develop a system that is a critical part of the manufacture and delivery of such systems to the
Armed Forces in support of Homeland Security as well as war efforts, and ultimately to state and
local law enforcement and security personnel.

       9.       Given the substantial public policy reasons provided by Locker in support of
maintaining the confidentiality of Exhibit 2, and the lack of any compelling reason to make the
Exhibit 2 available to the public, Locker hereby respectfully requests that Exhibit 2 be withheld
from public disclosure pursuant to 47 C.F.R. §0.459. The Commission has granted similar
requests in the past.

        10.      Pursuant to 47 C.F.R. §0.459(e), Locker hereby reserves the right, in the unlikely
event that the instant Confidentiality Request is denied by the Commission or if a Freedom of
Information Act request is noticed to be granted, to withdraw Exhibit 2 in its entirety prior to
Exhibit 2 being placed in the Commission's public files.



Document Created: 2014-09-04 16:53:11
Document Modified: 2014-09-04 16:53:11

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