Request for Confidential Treatment

0042-EX-TU-2017 Post Grant Documents

Services Development Company LLC

2017-10-27ELS_200374

Experimental Licensing Branch -2- October 27, 2017

3. Explanation of the degree to which the information is commercial or financial, or
contains a trade secret or is privileged:

The Report has significant commercial value, and the tests and experiments described therein
include trade secrets.1 Specifically, SDC’s tests and experiments, including the frequencies and test
equipment, will be used to develop innovative services and technologies.

4. Explanation of the degree to which the information concerns a service that is subject
to competition:

The services and technologies that are subject to this application have not yet been fully developed
but are expected to lead to material developments in markets subject to competition.

5. Explanation of how disclosure of the information could result in substantial
competitive harm:

The Report is commercially sensitive. Its public release would provide insight into SDC’s intended
innovative services and technologies, which would potentially jeopardize the business plans and
strategies of SDC and its affiliates. Public disclosure of the Report would also diminish the value of
SDC’s efforts by unfairly enabling others to appropriate SDC’s efforts and develop similar services
and/or technologies.

6. Identification of any measures taken by the submitting party to prevent unauthorized
disclosure:

SDC has taken steps to keep confidential the Report, including limiting the number of people
involved in the tests and experiments included the Report and requiring all third parties involved to
execute non-disclosure agreements.

7. Identification of whether the information is available to the public and the extent of
any previous disclosure of the information to third parties:

The Report is not available to the public and has only been disclosed to third parties pursuant to
non-disclosure agreements.

8. Justification of the period during which the submitting party asserts that material
should not be available for public disclosure:

1
See Public Citizen Health Group v. FDA, 704 F.2d 1280, 1288 (D.C. Cir. 1983) (defining a trade secret
for purposes of the Freedom of Information Act as a “secret, commercially valuable . . . process or device
that is used for the making . . . of trade commodities and that can be said to be the end product of either
innovation or substantial effort”); see also Examination of Current Policy Concerning the Treatment of
Confidential Information Submitted to the Commission, Report and Order, 13 FCC Rcd 24816 ¶ 3
(1998).

Experimental Licensing Branch -3- October 27, 2017

SDC respectfully requests that the Report be withheld from public inspection until such time as it is
publicly disclosed by SDC. An indefinite period of confidentiality is required in order to protect the
evolving business plans and strategies of SDC and its affiliates.

9. Any other information that the party seeking confidential treatment believes may be
useful in assessing whether its request for confidentially should be granted:

The public interest would not be served by making the Report publically available. The operation of
the experimental license has not resulted in any harmful interference and, thus, disclosure of the
Report would not be beneficial or necessary.

Very truly yours,

/s/

Tony Lin
Counsel
tony.lin@hoganlovells.com
D 202 637 5795

Document Created: 2017-10-27 09:58:35
Document Modified: 2017-10-27 09:58:35

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