Confidentiality Request

0353-EX-CN-2018 Text Documents

PointView Tech LLC

2018-04-26ELS_208688

Marlene H. Dortch
April 26, 2018
Page 2

information thus qualifies as “commercial” information that “would customarily be guarded
from competitors” and entitled to the automatic protection afforded by Section 0.457. PointView
therefore requests that the Commission “not permit the inspection” of these materials.4

Alternatively, PointView also requests that these materials be withheld from public
inspection under 47 C.F.R. § 0.459. In support of this request and pursuant to 47 C.F.R. §
0.459(b), PointView hereby states as follows:

1. The specific information for which confidential treatment is sought includes
PointView’s business plans, technology strategies, experiment parameters, and
business objectives in conducting the proposed experiment, as these plans,
strategies, parameters and objectives concern the use and implementation of non-
FCC-regulated technologies; it also includes information controlled by the Export
Control Regulations.5

2. This confidential information is being submitted to the Commission to assist in
the review of PointView’s application for an experimental license.6

3. The confidential information is commercial in character, and it qualifies as a trade
secret that is closely guarded from competitors.7

4. PointView guards this information from competitors because its disclosure would
give them an undue commercial advantage in connection with the development of
advanced wireless technologies, which is subject to competition.8

5. Disclosure of this information would allow PointView’s competitors to replicate
PointView’s methods for developing advanced wireless technologies and “beat”
PointView to the market or try to neutralize the advantage conferred on
PointView by these methods.9

6. PointView takes a number of measures to prevent unauthorized disclosure of this
information. These measures include a prohibition on providing any of the
information to any person outside PointView, its affiliates and advisors without

4
47 C.F.R. § 0.451(b).
5
See 47 C.F.R § 0.459(b)(1).
6
See 47 C.F.R § 0.459(b)(2).
7
See 47 C.F.R § 0.459(b)(3).
8
See 47 C.F.R § 0.459(b)(4).
9
See 47 C.F.R § 0.459(b)(5).

Marlene H. Dortch
April 26, 2018
Page 3

adequate confidentiality protection, and the designation of all documents and
emails containing any of this information as confidential.10

7. None of this information is available to the public and there has been no previous
disclosure of the information to the public or third parties without appropriate
restrictions.11

8. PointView requests that the confidential information be withheld from disclosure
for an indefinite period. Because of the competitive nature of PointView’s
business, disclosure of this information could jeopardize the competitive position
of both PointView and any vendor with which it works.12

9. Finally, PointView notes that protecting this information from disclosure will not
affect the ability of the Commission and local frequency coordinators to identify
potential interference issues. Conversely, a denial of its request would impair the
Commission’s ability to obtain this type of voluntarily disclosed information in
the future, hampering review of future applications.13 The ability of a government
agency to obtain confidential information was the legislative intent for developing
exemptions from the Freedom of Information Act.14 The U.S. Court of Appeals
for the D.C. Circuit has recognized a “private interest in preserving the
confidentiality of information that is provided to the Government on a voluntary
basis.”15

PointView requests that the Commission return this submission if its request for
confidentiality is denied.16 Please contact the undersigned at 202-429-6494 or 202-429-3059 if
you have any questions.

10
See 47 C.F.R § 0.459(b)(6).
11
See 47 C.F.R § 0.459(b)(7).
12
See 47 C.F.R § 0.459(b)(8).
13
See 47 C.F.R § 0.459(b)(9).
14
See Critical Mass Energy Project v. NRC, 975 F.2d 871, 878 (D.C. Cir. 1992) (“Where,
however, the information is provided to the Government voluntarily, the presumption is that [the
Government’s] interest will be threatened by disclosure as the persons whose confidences have
been betrayed will, in all likelihood, refuse further cooperation.”).
15
Id. at 879.
16
See 47 C.F.R. § 0.459(e).

Marlene H. Dortch
April 26, 2018
Page 4

Respectfully submitted,

_/s/
Pantelis Michalopoulos
Counsel to PointView Tech LLC

Document Created: 2019-02-18 19:46:42
Document Modified: 2019-02-18 19:46:42

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