Request for Confidential Treatment

1008-EX-ST-2014 Text Documents

Services Development Company, LLC

2014-11-12ELS_155642

Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 T +1 202 637 5600 F +1 202 637 5910 www.hoganlovells.com November 12, 2014 Via Electronic Filing Experimental Licensing Branch Office of Engineering and Technology Federal Communications Commission 445 12th Street SW Washington, DC 20554 Re: Services Development Company, LLC 1008-EX-ST-2014 Request for Confidential Treatment To Whom It May Concern: Services Development Company, LLC (“Applicant”), pursuant to 5 U.S.C. § 552 and 47 C.F.R. § 0.459, hereby requests that the above-referenced application for Special Temporary Authority (“STA”) be treated as confidential and not subject to public inspection. The information contained in the attached narrative description, Attachment 1, constitutes confidential and proprietary information that, if subject to public disclosure, would cause significant commercial, economic, and competitive harm to Applicant and its affiliates.1 As demonstrated below, Applicant’s request satisfies the standards for grant of confidential treatment. In accordance with 47 C.F.R. § 0.459(b), Applicant is providing the following information in support of this request for confidential treatment: 1. Identification of the specific information for which confidential treatment is sought: Applicant seeks confidential treatment of the information contained in Attachment 1 of file number 1008-EX-ST-2014 (hereafter, the “Confidential Information”). 2. Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission: Applicant is submitting this information as part of an application for special temporary authority to conduct the testing described in Attachment 1 of file number 1008-EX-ST-2014. 3. Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged: 1 To be clear, Applicant is not seeking confidential treatment of information contained in the application form or the Stop Buzzer contact information provided in Attachment 2. Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. “Hogan Lovells” is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP, with offices in: : Alicante Amsterdam Baltimore Beijing Brussels Caracas Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Johannesburg London Los Angeles Luxembourg Madrid Mexico City Miami Milan Monterrey Moscow Munich New York Northern Virginia Paris Philadelphia Rio de Janeiro Rome San Francisco São Paulo Shanghai Silicon Valley Singapore Tokyo Ulaanbaatar Warsaw Washington DC Associated offices: Budapest Jakarta Jeddah Riyadh Zagreb. For more information see www.hoganlovells.com

Experimental Licensing Branch -2- November 12, 2014 The Confidential Information has significant commercial value, and the tests and experiments described therein include trade secrets.2 Specifically, Applicant’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 STA 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 Confidential Information is commercially sensitive. Its public release would provide insight into Applicant’s intended innovative services and technologies, which would potentially jeopardize the business plans and strategies of Applicant and its affiliates. Public disclosure of the Confidential Information would also diminish the value of Applicant’s efforts by unfairly enabling others to appropriate Applicant’s efforts and develop similar services and/or technologies. 6. Identification of any measures taken by the submitting party to prevent unauthorized disclosure: Applicant has taken steps to keep confidential the Confidential Information, including limiting the number of people involved in the tests and experiments 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 Confidential Information 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: The Confidential Information should be withheld from public inspection indefinitely in order to protect the evolving business plans and strategies of Applicant 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: 2 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 In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, 11 FCC Rcd. 12406 ¶ 4 (1996).

Experimental Licensing Branch -3- November 12, 2014 The public interest would not be served by making publically available the Confidential Information. Grant of the STA would not result in harmful interference and accordingly public review of the Confidential Information would not be beneficial or necessary. Very truly yours, /s/ Michele Farquhar Partner michele.farquhar@hoganlovells.com D 202-637-5663


Document Created: 2014-11-12 11:41:52
Document Modified: 2014-11-12 11:41:52
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