Request for Confidential Treatment

0976-EX-ST-2018 Text Documents

Swarm Technologies, Inc.

2018-06-07ELS_210845

Timothy L. Bransford Partner +1.202.373.6140 timothy.bransford@morganlewis.com Date: June 7, 2018 Subject: Request for Confidentiality FCC File Number: 0976-EX-ST-2018 Swarm Technologies, LLC (“Swarm”), pursuant to 5 U.S.C. § 552 and Sections 0.457 and 0.459 of the Commission's Rules, 47 C.F.R. §§ 0.457, 0.459, hereby requests that certain information complementary to its above-referenced Special Temporary Authority application (“STA Application”) be treated as confidential and not subject to public inspection. The designated information constitutes confidential and proprietary information that, if subject to public disclosure, would cause significant commercial, economic, and competitive harm. As described below, Swarm’s request satisfies the standards for grant of such requests set forth in Sections 0.457 and 0.459 of the Commission’s Rules. In accordance with Section 0.459(b) and in support of this request, Swarm provides the following information: Identification of the Information for Which Confidential Treatment is Sought. Swarm seeks confidential treatment for the unredacted/non-public versions of the following exhibits: 1. Exhibit A – Narrative Statement (“Exhibit”) Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission. The above-referenced Exhibit was submitted to the Commission in support of the STA Application. This Exhibit was filed with the Office of Engineering and Technology on June 7, 2018. For additional information, please see File No. 0976-EX-ST-2018. Explanation of the degree to which the information is commercial or financial or contains a trade secret or is privileged. The information in the Exhibit contains confidential and proprietary commercial and prospective customer information that is not routinely available for public inspection and is not made publicly available in the ordinary course of business. This information therefore qualifies for protection pursuant to Commission rules and the Administrative Procedure Act. Explanation of the degree to which the information concerns a service that is competitive. Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 +1.202.739.3000 United States +1.202.739.3001

June 7, 2018 Page 2 The services and technologies that are the subject of the Exhibit have not yet been fully developed, but are expected to lead to material developments in markets subject to fierce competition from multiple U.S. and non-U.S. third parties. Explanation of how disclosure of the information could result in substantial competitive harm. The Exhibit contains sensitive commercial information. Disclosure of the information contained in the Exhibit would provide valuable insight into Swarm’s business plans and strategies and cause substantial harm to Swarm’s competitive position. Identification of any measures taken by the requesting party to prevent unauthorized disclosure. The Exhibit contains sensitive commercial information that would not otherwise be released to third parties. Identification of whether the information is available to the public and the extent of any previous disclosures of the information to any third parties. The information contained in the Exhibit is not available to the public, and has only been disclosed as necessary to limited third parties involved with Swarm under the expectation of confidentiality. Furthermore, those third parties may also have claims to assert that the information contained therein is confidential. Justification of the requested period of confidentiality Swarm requests that the Commission hold the Exhibit and information contained therein out of public view for an indefinite period of time. Release of this information may cause substantial harm to Swarm for the reasons set forth therein. Any other information that would be useful in assessing whether this request should be granted. The information subject to this Request for Confidentiality should not be made available for public disclosure at any time. Public disclosure of the sensitive information in the Exhibit after the Commission has ruled on the Request for Confidentiality is not necessary for the Commission to fulfill its regulatory responsibilities. Due to the competitively sensitive nature of the information contained in the Exhibit, Swarm respectfully requests that the Commission treat the Exhibit as confidential and withhold the same from public inspection. In the event that the Commission denies this request for Confidentiality, Swarm requests that the Exhibit be returned without consideration pursuant to Section 0.459(e). Sincerely yours, /s/ Timothy L. Bransford


Document Created: 2018-06-07 16:05:24
Document Modified: 2018-06-07 16:05:24
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC