Confidentiality Request Letter for Internal Photos

FCC ID: 2ARIM-FTA-DL002

Cover Letter(s)

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                                                                                     CellGain Wireless

                                                                                  68 White St. STE 265

                                                                                   Red Bank, NJ 07701

                                                                                        732-889-4671
                                  FCC ID: 2ARIM-FTA-DL002
                       Name: Fiber to Antenna (FTA) / Model: FTA-DL002
To: FCC
From: David Kho
Subject: Confidentiality of internal photograph
Company Name: CellGain Wireless
Address: 200 Wood Ave, Middlesex Av, NJ 08846
Date: 02/22/19
To whom it may concern:
FCC Reference document: 726920 D01 Confidentiality Request Procedures v01r02 April 8. 2016

  The rationale for request for confidentiality is that the information
Trade Secret and is not normally released to anyone outside the company. CELLGAIN
WIRELESS has invested considerable time and materials in research and development to
produce the referenced product. Disclosure of the confidential portions of this application to
competitors would not only give them significant competitive advantages in developing similar
products, but would also disclose successful implementation of unpublished leading-edge
technology developed by CELLGAIN WIRELESS.

 With regards to the internal photos, the Commission usually denies confidentiality
of internal photograph on the grounds that the information in the photos can be obtained
by competitors who purchase and disassemble the device. However, CELLGAIN WIRELESS
requests that the internal photos are held confidential for the following reasons stated under
726920 D01 Confidentiality Request Procedures v01r02 April 8. 2016

Internal photos

1. This device is not accessible to the public, The FTA DL002 operators within secure
communication network system as part of a First Responder Network. The FTA will be mounted
indoors in areas not accessible by public and (or in a fenced enclosure / High Ceiling) such that it
is only serviceable by professional designated technicians under a Non-Disclosure Agreement
(NDA). All sales for these devices will be under a NDA restricting the disclosure of the propriety
information, including internal photos.

3. The product does not contain user serviceable components. Notices are placed
on the instrument warning that there are not user serviceable components inside
the unit and that disassembly voids any warranties. CELLGAIN WIRELESS has never released
disassembly instructions and does answer question regarding disassembly. The design of internal
components is Trade Secret.
                                                                           FCC ID: 2ARIM-FTA-DL002
                                                                                         Page 1 of 2


                                                                                     CellGain Wireless

                                                                                  68 White St. STE 265

                                                                                   Red Bank, NJ 07701

                                                                                        732-889-4671
                                  FCC ID: 2ARIM-FTA-DL002
                       Name: Fiber to Antenna (FTA) / Model: FTA-DL002

4. If the photos were made public, it would give competitors accessibility to CELLGAIN
WIRELESS to critical components of the product’s design, in which CELLGAIN WIRELESS
has invested a considerable amount of time and expense. A knowledgeable person would be able
to identify and reverse engineer critical components of the system, and possibly produce a
schematic diagram. A knowledgeable person would be able to estimate the manufacturing costs
and man-hours needed for assembly.

The Commission has previously granted confidentiality under similar conditions
to the following applications: FCC ID QLA250MHZ, FCC ID QLAMID, FCC ID
QLA500MHZ, FCC ID QLA800MHZ, FCC ID OPLQ5C, FCC ID OPLQM1020, FCC ID
OPLQ4-300, FCC ID OPLQ5C, FCC ID QF7PALXMT, FCC ID QF750350US, FCC ID
QF742600, FCC ID QF7MINIXT, and FCC ID QF7350HS. Furthermore, the legal basis
of our request can be found in the following references:
• McDonnell Douglas Corp. v. NASA, 180 F.3d 303, 304-05 (D.C. Cir. 1999),
quoting Critical Mass Energy Project v. NRC, 975 F.2d 871, 879 (D.C. Cir.
1992)(en banc). See also National Parks & Conservation Ass’n v. Morton, 498
F.2d 765, 770(D.C. Cir. 1974)
• Worthington Compressors, Inc., v. Costle, 662 F,2d 45 51 (D.C. Cir. 1981),
citing National Parks & Conservation Ass’n v. Morton, 498 F.2d 765, 770(D.C.
Cir. 1974)



 In summary. we respectfully ask that the documents listed above be kept
confidential. If there are questions or further information is needed, please contact me at
the number below. Thank you for your consideration of this matter.




                                                                           FCC ID: 2ARIM-FTA-DL002
                                                                                         Page 2 of 2



Document Created: 2019-02-22 16:15:37
Document Modified: 2019-02-22 16:15:37

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