Attachment 1997TRW req for conf

1997TRW req for conf

REQUEST submitted by TRW

req

1997-11-14

This document pretains to SAT-L/A-19941116-00074 for Launch Authority on a Satellite Space Stations filing.

IBFS_SATLA1994111600074_1081217

LAW OFFICES DUPLICATE LEVENTHAL, SENTER &8 LERMAN prirc. SUITE 600 TELEPHONE NORMAN P. LEVENTHAL 2000 K STREET, N.W. (202) 429—8970 MEREDITH S. SENTER, JR. STEVEN ALMAN LERMAN WASHINGTON, DC 20006'1809 TELECOPIER RAUL R. RODRICUEZ (202) 293—7783 DENNIS P. CORBETT fAAN L MADDEN November 14, 1997 BARBARA K. CARDNER gy _ WWWwLst4 STEPHEN D. BARUCH 110C"‘“8f‘} NYSHM SALLY A. BUCKMAN NANCY L. WOLF DAVID S. KEIR No DEBORAH R. COLEMAN oy y 6 NANCY A. ORY Nuv 2 0 ,997' WALTER P. JACOB WRITER‘S DIRECT DIAL LINDA D. FELDMANN 202—416—6744 RENEE L. ROLAND ROSS C. CREENBERC WRITER‘S E—MAL JOHN D. POUTASSE NLEVENTHAL@LSL—LAW.COM MATTHEW H. BRENNER* *ADMITTED CA ONLY REQUEST FOR CONFIDENTIAL RECEIVED TREATMENT PURSUANT TO NoV 14 1997 47 C.F.R. § 0.459 FEDERAL COMMUNICATIONS COMMISSION BY HAND OFFICE OF THE SECRETARY Ms. Regina L. Keeney Chief, International Bureau Federal Communications Commission 2000 M Street, NW., Room 800 Washington, D.C. 20554 Re: Request for Confidential Treatment Pursuant to Section 0.459 Of the Commission‘s Rules With Respect to TRW‘s Report Concerning Odyssey"*~ System Construction Dear Ms. Keeney: TRW Inc. ("TRW"), by its counsel, hereby requests that the attached report on the first Odyssey"¥ system milestone, submitted under the terms of TRW‘s 1996 authorization, be accorded confidential treatment and withheld from public inspection pursuant to Sections 0.457 and 0.459 of the Commission‘s rules. The attached letter contains commercially sensitive financial and proprietary information concerning TRW‘s implementation of the Odyssey"*Y «> satellite network. Public disclosure of this sensitive material would be harmful to TRW and would compromise its ability to promote 1ts system and compete effectively in the emerging mobile—satellite service industry. Specifically, the attached document is by its very nature commercially sensitive and contains details of TRW expenditures for Odyssey"*Y development and the status of plans for system construction. This is not information that TRW would ordinarily disseminate outside the company absent the specific requirement to keep the FCC informed of its fulfillment of its system

LEVENTHAL, SENTER 8 LERMAN pirc. Ms. Regina L. Keeney November 14, 1997 Page — 2 — construction milestones. See TRW Inc., DA 96—1923, slip op. at «[ 27 (released November 19, 1996). Moreover, any legal determination concerning FCC requirements that is necessary with respect to issues raised by the attached report is uniquely within the agency‘s power to make, and does not require any public comment or other input. Accordingly, it is appropriate that the Commission withhold this letter from public disclosure under statutory and regulatory provisions applicable to confidential commercial information. See 5 U.S.C.A. § 552(b)(4) (1996); 47 C.FR. § 0.457(d) (1996) (Commission authorized to withhold "materials which would not customarily be released to the public‘). See also Amendment of the Commission‘s Rules to Establish Rules and Policies Pertainingto a Mobile Satellite Service in the 1610—1626.5/2483.5—2500 MHz Frequency Bands, 9 FCC Red 5936, 6010 (« 195) (1994) (Commission specifically contemplated confidential treatment for MSS Above 1 GHz licensee reports). In the event, however, that the Commission determines, for any reason, that TRW‘s report should be divulged to parties outside the Commission, TRW respectfully requests that any parties requesting an opportunity to review the document be required to enter into a mutually—acceptable non—disclosure agreement beforehand. Such an agreement would be critical to minimize the potential for harm to TRW and its business partners. Should there be any questions concerning this request, please contact the undersigned counsel. Respectfully submitted, 42.—P(Feb Norman P. Leventhal Stephen D. Baruch David S. Keir Counsel to TRWInc. cce (w/encl.): Tom Tyez Attachment


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Document Modified: 2015-03-24 17:26:12
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