Confidential Treatment Request

1658-EX-ST-2018 Text Documents

UltiSat Inc.

2018-09-24ELS_216619

Application for Experimental Special Temporary Authorization (“STA”)

Request for Confidential Treatment

UltiSat Inc. (“UltiSat”), pursuant to Sections 0.457 and 0.459 of the Commission's rules,
47 C.F.R. §§ 0.457 and 0.459, hereby requests that certain information in connection with its
application for special temporary authorization (“STA”) be treated as confidential and not
subject to public inspection (Exhibit 1). The designated information constitutes confidential and
highly sensitive information that, if subject to public disclosure, would cause significant
commercial and competitive harm and pose potential threats to the national security interests of
the United States. As described below, UltiSat request satisfies the standards for grant of such
requests set forth in Sections 0.457 and 0.459 of the Commission’s rules. It would also
adversely affect U.S. military and security interests generally.

In accordance with Section 0.459(b) of the Commission’s rules and in support of this
request, UltiSat provides the following information:

1. Identification of the specific information for which confidential treatment is sought.

The specific information which requires confidential treatment is UltiSat’s government
customer contract and substantive project information. The technical data provided in the FCC
Form 442, as well as the information contained in the application Narrative and Technical
Appendix, can be made publicly available. This confidentiality request itself does not contain
any confidential information and, therefore, can also be made publicly available.

2. Identification of the Commission proceeding in which the information was
submitted or a description of the circumstances giving rise to the submission:

The confidential information is submitted in connection with UltiSat’s application for a
six-month special temporary authorization filed with the Commission on September 24, 2018
(File No. __________).

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

Information relating to UltiSat’s government customer and project specifics is highly
sensitive military and security information that is not available to the public in any form. It also
includes private information concerning the applications of UltiSat’s technology, including
strategic research and development tactics. Disclosure of such information would cause
irreparable injury and substantial harm to UltiSat’s ongoing business operations and competitive
position. It would also adversely affect U.S. military and security interests generally.

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

The information contained herein includes information of a highly confidential and
proprietary nature relating to the development of technology for the U.S. government. This is a
highly competitive industry and the inadvertent release of any private government contract or

project information would have a severe negative impact on UltiSat’s competitive position in the
marketplace. It would also adversely affect U.S. military operations and security interests.

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

The disclosure of the substantive project scope and related government contract
information could have an extremely negative impact on UltiSat ongoing business operations and
competitive position. Certain proprietary information developed by UltiSat is used to support the
development of systems and functions for United States military and security sectors. Moreover,
due to the unique nature of UltiSat’s customer, the United States government, confidentiality of
sensitive contractual information must not be shared with competitors.

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

The substantive project scope and related government contract information is not
currently available to the public in any form and UltiSat takes all commercially necessary steps
to prevent this information from being disclosed to the public. UltiSat has made this information
available only to a small selection of people directly related to the project, and only on a need to
know basis.

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 substantive project scope and related government contract information for this
project is not currently available to the public and UltiSat takes all commercially necessary steps
to prevent the information from being disclosed to the public. Only those persons or entities
directly involved in the project, such as subcontractors and the United States government, are
privy to the subject proprietary information, and only after any such part has executed a non-
disclosure agreement.

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

UltiSat requests that the substantive project scope and related government contract
information be kept confidential indefinitely. Such a time period is justifiable in light of the
substantial competitive concerns inherent in the defense contracting industry, as well as to
protect the military and security interests of the United States. Due to the sensitive nature of the
information, UltiSat’s requests that the information be kept confidential for an indefinite period.

Document Created: 2018-09-24 17:08:49
Document Modified: 2018-09-24 17:08:49

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