Exhibit 2 Request for Confidentiality

0351-EX-ST-2011 Text Documents

Lutron Electronics Co., Inc.

2011-06-01ELS_116585

“Public” Exhibit 2 CONFIDENTIALITY REQUEST Request for Special Temporary Authority Lutron Electronics Co., Inc. FILE NO. 0351-EX-ST-2011 By the above-referenced application (“Application”), Lutron Electronics Co., Inc. (“Lutron”) requests that the Commission grant Special Temporary Authority for the operation of the facilities (“Facilities”) specified in the instant Application. Pursuant to 47 C.F.R. §0.459, confidential treatment of the information contained in Exhibit 3 to the instant Application (“Exhibit 3”) is requested. In accordance with 47 C.F.R. §0.459(b), confidential treatment of Exhibit 3 is requested for the following reasons: 1. Confidential treatment is requested for the entirety of the information contained in Lutron’s Exhibit 3. For the sake of clarity, this is to confirm that confidentiality is requested for Exhibit 3 to the Application, but the technical data present in the Form itself, as well as the information contained in Exhibit 1, can be made publicly available. This Confidentiality Request itself does not contain any confidential information and, therefore, can also be made publicly available. 2. The submission in connection with which the subject information is being submitted is the instant Application submitted by Lutron under File No. 0351-EX-ST- 2011. 3. The information contained in Exhibit 3 constitutes confidential, proprietary commercial information concerning Lutron’s development of products, and their design and operations, and Lutron’s business strategies. Disclosure of such information would cause irreparable injury and substantial harm to Lutron’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. This information is an integral part of Lutron’s design, engineering and manufacturing process, and future business strategies. 4. 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 lighting control/energy efficiency industry. Lutron is continuously targeted by competitors seeking to increase their market shares and thus reduce Lutron’s revenues and economic and competitive position. As Lutron 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 Lutron’s position in the marketplace. 5. Lutron’s competitive position could be particularly negatively affected by a disclosure of confidential information to the public, which, of course, includes Lutron’s competitors. This Special Temporary Authority request is to review operational

parameters towards the development of a product not currently available in the market. As such, disclosure of the information in Exhibit 3 would cause irreparable injury and substantial harm to Lutron’s ongoing business operations and competitive position in the development of new products. At the core of Lutron’s operations is its development of proprietary information, which it uses as the basis to remain an industry leader in lighting control technology. Improper disclosure of proprietary information, and the release of such disclosure could have an extremely negative impact on Lutron and its operations. Competitor access to the confidential information would have numerous unacceptable anti-competitive effects, including allowing competitors who do not have similar technical experience or knowledge to benefit from Lutron’s product development initiatives, and generally enabling competitors to improve their business and technical approaches by taking advantage of the unique skills, techniques and experience developed by Lutron. Permitting Lutron’s competitors to unfairly obtain such information would be in contrast to the public policy goals generally served by FOIA and the Commission’s policies and procedures governing the protection of commercial, proprietary information. 6. The information in Exhibit 3, when combined with the information in the Form itself, is not currently available to the public in any substantially similar form. Lutron takes all commercially necessary steps to prevent this information from being disclosed to the public. Lutron requires, prior to the release of any of its proprietary information, that any such receiving party execute a fully negotiated non-disclosure agreement to restrict the use and potential redisclosure of Lutron proprietary information. 7. The information in Exhibit 3 is not currently available to the public in any substantially similar form. Lutron takes all commercially necessary steps to prevent the information in the Exhibit from being disclosed to the public. As mentioned above, only those persons or entities such as contractors and potential customers (to include the United States government), are privy to the company’s proprietary information, and only after any such party has executed a non-disclosure agreement. 8. Lutron requests that Exhibit 3 be kept confidential indefinitely. Such a time period is justifiable in light of the substantial and continuing competitive concerns inherent in the subject industry that are discussed above in paragraph 4. Given the substantial public policy reasons provided by Lutron in support of maintaining the confidentiality of Exhibit 3, and the lack of any compelling reason to make Exhibit 3 available to the public, Lutron hereby respectfully requests that Exhibit 3 be withheld from public disclosure pursuant to 47 C.F.R. §0.459. Pursuant to 47 C.F.R. §0.459(e), Lutron hereby reserves the right– in the unlikely event that the instant Confidentiality Request is denied by the Commission – to withdraw Exhibit 3 in its entirety prior to Exhibit 3 being placed in the Commission’s public files. 2


Document Created: 2019-04-08 08:02:37
Document Modified: 2019-04-08 08:02:37
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