Attachment Open Range - req con

Open Range - req con

REQUEST submitted by Open Range

req

2011-02-01

This document pretains to SAT-AMD-20091221-00147 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2009122100147_867569

NealePiddiaSR=. Dr ufl<CLB1dcflu&BcLaLthp Joe D. Edge Partner 202—842—8809 Direct 202—842—8465 Fax joe.edge@dbr.com umOilfices [®mn yTERNAL USE ONEY 1500 K Street N. \C. | Flbruary 1, 2011 FILED/ACCEPTED Suite 1100 NON—PUBLIG FEB —4 581 Washington, D.C. 20005—1209 Ms. Marlene H. Dortch, Secretary Federal Communications Commission Office of the Secretary (202) 842.8800 Federal Communications Commission (202) 842—8465 fax 445 12th Street, S.W. | wiww.drinkerbiddle.com Washington, D.C. 20554 CALIFORNIA DELAWARE Re: Open Range Communications Inc. Request for Confidential ILLINOIS Treatment Pursuant to Sections 0.457 and 0.459 of the FCC Rules NEW JERSEY File No. SAT—STA—20100625—00147 NEW YORK PENNSVLVANIA Dear Ms. Dortch: WASHINGTON D.C. WWISCONSIN Open Range Communications Inc., by its attorney, pursuant to Sections 0.457 and 0.459 of the Commission‘s rules, 47 C.F.R. §§ 0.457 & 0.459, respectfully requests that the Commission withhold from public inspection and accord confidential treatment to the attached material which contains commercially sensitive information that falls within Exemption 4 of the Freedom of Information Act ("FOIA").‘ The attached material sets forth information regarding Open Range‘s efforts to secure alternative spectrum. Exemption 4 permits the Commission to withhold from public inspection "trade secrets and commercial or financial information obtained from a person and privileged or confidential categories of materials not routinely available for public inspection." Id. Applying Exemption 4, the courts have stated that commercial or financial information is confidential if its disclosure will either (1) impair the government‘s ability to obtain necessary information in the future; or (2) cause substantial harm to the competitive position of the person from whomthe information was obtained. See National Parks and Conservation Ass‘n v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974)(footnote omitted); see also Critical Mass Energy Project v. NRC, 975 F.2d 871, 879—80 (D.C. Cir. 1992), cert, denied, 507 U.S. 984 (1993). Section 0.457(d)(2) allows persons submitting materials that they wish to be withheld from public inspection in accordance with Section 552(b)(4) to file a request for non— disclosure, pursuant to Section 0.459. In accordance with the requirements contained in Section 0.459(b) for such requests, Open Range hereby submits the following: (1) Identification ofSpecific Information for Which Confidential Treatmentis Sought (Section 0.459(b)(1)). Open Range seeks confidential treatment for the above—identified ! See 5 U.S.C. § 552(b)(4); 47 C.F.R. § 0.457(d). [:stablished 1849 FOR INTERNAL USE ONnLY DCO1/ 2589915.1 NON—PUBLIC

DrinkerBiddle&Beath Ms. Marlene H. Dortch, Secretary February 1, 2011 Page 2 Open Range material which contains information regarding Open Range‘s efforts to secure alternative spectrum. (2) Description of Circumstances Giving Rise to Submission (Section 0.459(b)(2)). Open Range is filing the information as directed by the International and Wireless Bureaus and the Office of Engineering and Technology. (3) Explanation ofthe Degree to Which the Information is Commercial or Financial, or Contains a Trade Secret or is Privileged (Section 0.459(b)(3)). The Open Range material contains sensitive commercial information regarding Open Range‘s efforts to secure alternative spectrum that competitors and potential spectrum partners could use to Open Range‘s disadvantage. The courts have given the terms "commercial" and "financial," as used in Section 552(b)(4), their ordinary meanings. The Commission has broadly defined commercial information, stating that ""[clommercial‘ is broader than information regarding basic commercial operations, such as sales and profits..." The information in the Open Range submission falls clearly within the definition of commercial. Competitors could use this information to enhance their market position at Open Range‘s expense. (4) Explanation ofthe Degree to Which the Information Concerns a Service that is Subject to Competition (Section 0.459(b)(4)). Substantial competition exists in a number of the broadband markets served or to be served by Open Range. The presence of competitors makes imperative the confidential treatment of sensitive commercial information. (5) Explanation ofHow Disclosure ofthe Information Could Result in Substantial Competitive Harm (Section 0.459(b)(5)). Release of the Open Range information could have a significant impact on Open Range‘s commercial operations. If competitors had access to this information, it could aid them in competing with Open Range to Open Range‘s detriment. (6) Identification ofMeasures Taken to Prevent Unauthorized Disclosure (Section 0.459(b)(6)). Open Range treats the information as confidential commercial information and has not disclosed the information publicly. (7) Identification of Whether the Information is Available to the Public and the Extent of Any Previous Disclosure ofInformation to Third Parties (Section 0.459(b)(7)). The Open Range information is not publicly available. (8) Justification ofPeriod During Which the Submitting Party Asserts that the Material Should Not be Available for Public Disclosure (Section 0.459(b)(8)). Open Range respectfully requests that the Commission withhold the information in the Open Range submission from public inspection indefinitely. This information will remain

DrinkerBiddle&Reath Ms. Marlene H. Dortch, Secretary February 1, 2011 Page 3 commercially sensitive throughout the deployment and operation of the Open Range system. Sincerely, /s/ Joe D. Edge Joe D. Edge Counsel for Open Range Communications Inc. JDE/cf


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Document Modified: 2019-04-15 07:31:33
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