Confidentiality Request

0264-EX-CM-2018 Text Documents

Toggle Communications LLC

2018-12-11ELS_220995

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 December 11, 2018 VIA ELECTRONIC FILING Experimental Licensing Branch Office of Engineering and Technology Federal Communications Commission 445 12th Street SW Washington, DC 20554 Re: Toggle Communications LLC Call Sign WI2XAJ ELS No. 0264-EX-CM-2018 Request for Confidential Treatment To Whom It May Concern: Toggle Communications LLC (“Applicant”), pursuant to 5 U.S.C. § 552 and 47 C.F.R. § 0.459, hereby requests that the above-referenced experimental application (“Application”) be treated as confidential and not subject to public inspection. The information contained in the application and its exhibits, except as set out below, constitute confidential and proprietary information that, if subject to public disclosure, would cause significant commercial, economic, and competitive harm to Applicant and its affiliates. 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 Experimental Application File No. 0264-EX-CM-2018 and its exhibits, other than the FCC Form 442, this Request for Confidential Treatment, and the Stop Buzzer contact information provided in Exhibit 2 (hereafter, the “Confidential Information”). Applicant additionally seeks continued confidential treatment of the information previously deemed confidential in its Experimental Application File Nos. 0642-EX-PL- 2015, 0381-EX-CR-2017, 0268-EX-CM-2017, and 0081-EX-CM-2018. 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 amendment to its experimental license to conduct the testing described in Exhibit 1 of file number 0264-EX-CM-2018. 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- December 11, 2018 3. Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged: The Confidential Information has significant commercial value, and the tests and experiments described therein include trade secrets.1 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 experimental 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 the Confidential Information confidential, including the following measures: (i) limiting the number of people involved in the tests and experiments to only essential personnel; (ii) requiring all third-parties involved to execute non-disclosure agreements; and (iii) storing documentation (including source code) in access-controlled repositories. 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 been made available to the public by Applicant and is not generally available from any other source. 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. 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, 11 FCC Rcd 12406 ¶ 4 (1996).

Experimental Licensing Branch -3- December 11, 2018 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 publically available the Confidential Information. Grant of the experimental application, as amended, would not result in harmful interference and accordingly public review of the Confidential Information would not be beneficial or necessary. Regards, /s/ Trey Hanbury Partner Hogan Lovells US LLP trey.hanbury@hoganlovells.com D 202-637-5534 Counsel for Toggle Communications LLC


Document Created: 2019-02-19 18:32:40
Document Modified: 2019-02-19 18:32:40
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