Confidentiality Request

1843-EX-ST-2018 Text Documents

UltiSat Inc.

2018-10-25ELS_218703

2550 M Street, NW, Suite 300 Washington, DC 20037 1.202.730.9706 www.lmiadvisors.com October 25, 2018 Federal Communications Commission Office of Engineering and Technology Experimental Licensing Branch 445 12th St., S.W. Room 7-A322 Washington, DC 20554 Re: Request for Confidential Treatment for Material within Experimental STA Application of UltiSat Inc. To the Office of Engineering and Technology: On behalf of UltiSat Inc. (“UltiSat”), and pursuant to Sections 0.457 and 0.459 of the Commission’s rules, 47 C.F.R. §§ 0.457 and 0.459, we hereby request that certain information in connection with UltiSat’s application for experimental special temporary authorization (“STA”) be treated as confidential and not subject to public inspection. 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. It would also adversely affect U.S. military and security interests generally. As described below, UltiSat’s request for confidentiality 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) 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 contained in Exhibit 1. The technical data provided in 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 October 25, 2018 (file number pending).

3. Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged: Specific information relating to UltiSat’s government customer and project 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 substantial competitive harm: The disclosure of the substantive project scope and related government contract information could have an extremely negative impact on UltiSat’s ongoing business operations and competitive position. Certain proprietary information developed by UltiSat is used to support the development of systems and functions for the United States military and security sectors. Moreover, due to the unique nature of UltiSat’s customer−the United States government−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 United States government personnel, 2

are privy to the subject proprietary information, and only after any such party 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 requests that the information be kept confidential for an indefinite period. Respectfully submitted, Carlos M. Nalda LMI Advisors 3


Document Created: 2018-10-25 18:36:14
Document Modified: 2018-10-25 18:36:14
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