Attachment request

request

REQUEST submitted by Lockheed Martin

request

2004-11-19

This document pretains to SAT-LOA-19990427-00046 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1999042700046_407807

mguindl it a ’ CRGINAL LEVENTHAL SENTER & LERMAN PuC IDENTIALITY REQUEST PURSUANT TO 47 C October 12, 2004 Received M48L Nov1 9 z00 Mr. Thomas S. Tyez Poley Branch Chief,Satellte Division InternationalBureay Intemational Bureau Federal Communications Commission 445 12"Street, S.W. Washington, D.C. 20554 Res Supplement to Response to May 10, 2004 Commission Letter File Nos. SAT—LOA—19990427—00046, SAT—AMD—20030730—00151, SAT—AMD—20040130—00008, SA‘T—AMD—20040205—00012, and SAT—AMD—20040524—00106 Dear Mr. Tyer: Lockheed Martin Corporation (*Lockheed Martin‘),by counsel, hereby requests that a document being provided in connection with Lockheed Martin‘s supplemental response ("Supplemental Response"),filed today, to the International Bureau‘s May 10, 2004 letter concerning the above—referenced applications be held in confidence and not made available for public inspection pursuant to Section 0.459 of the Commission‘s rules. The May 10 Letter directed Lockheed Martin to provide additional information conceming its agreement with Telesat Canada Corporation (‘Telesat") for Lockheed Martin to operate a radionavigation sutellte service payload on board Telesat‘s Anik FIR satelite at the 107.3 W.L. orbital location. Lockheed Martin provided is iniial response on May 24, 2004, and is submitting via a separate electronic fling a further description of its operational arrangements with Telesat for spacecraft and payload TT&C In its Supplemental Response, Lockheed Martin is also providing an explanation of measures that it intends to implement to ensure its ability to control from the United States and its Possessions (*US&P") the power amplifiers of the RPS RNSS payload on Anik FIR. A copy of the clarifying letter, however,is being submitted separately pursuant tothis request for confidential treatment. Confidentialtreatment ofthis document is appropriate under Exemption 4 of the Freedom of Information Act (‘FOIA"), which applies to information consttuting "rade secrets and commercial or financial information" that "would not customarily be released to the ‘ Leter from Thomas 5. Tycz,Chief,Satelite Divsion,Intrnational Bureau, Federal Communicatins Commission.to (‘May 10 Lever")

Mr. Thomas S. Tycz " October 12, 2004 Page 2 of4 public.* Moreover, release to the public of such details would raise infrastructure security concerns. See 5 U.S.C. § 552(b)@4): 47 C.RR. § 0.457(d). For public use purposes, Lockheed Martin offers the following description: "Lockheed Martin has taken measures to ensure that it has control i the United States and its Possessions (US&P) over the power to the RNSS payload on the Anik FIR satellite." In support ofthis request, Lockheed Martin provides the following information, as required under Section 0.459(b) of the Commission‘s Rules — 1. Specific Information for Which Confidential Treatment is Sought — §0.459@b)(1): Lockheed Martin seeks confidentialtreatment for the attached Letter of Understanding between it and Telesat, which contains a technical discussion of the operational approach that the parties intend to take with respect to Lockheed Martin‘s remote control of the RPS RNSS payload on Anik FIR. 2. Cireumstances Giving Rise t the Submission — §04590)Q): As explained above, the Interational Bureau on May 10, 2004 requested additional information from Lockheed Martin concerning its space segment capacity arrangements with Telesat. Lockheed Martin provided an iniial response on May 24, 2004, and as a resultof further discussions with Bureau staff is now filing a Supplemental Response to address additional questions regarding the operational relationship between LockheedMartin and Telesat with respect to control of Lockheed Martin‘s RPS RNSS payload on the Anik F TR satellte. 3. Degree to Which the Information Is Commercial or Financial, or Contains A Trade Secret or Is Privileged — § 0.459(b)3): ‘The Letter of Understanding for which Lockheed Martin is requesting confidential reatment contains commercially sensitive information "which would customarily be guarded from competitors."" This information includes, but is not limited to, specific terms relating to payload characteristis and operational considerations relating to a confidential contract between Lockheed Martin and Telesat. These details rflect arrangements between these parties, the disclosure of which would not only be competitively harmfulif disclosed to competitors, but could also adversely impact future negotiations between Lockheed Martin and Telesat, as well as potential contractors or customers. Disclosure of these terms would be damaging to both companies. Accordingly, public disclosure of the confidentialterms of these documents could materiallyimpair the agreements 4. Degree to Which the Information Concerns a Service That Is Subject to Competition — § 0.459(b)(4): As the Commission is aware, there is substantial competition in the satellte industry among both service providers and systems manufacturers. The commercial provision of RNSS is a new segment of the industry, and Lockheed Martin believes one that will continue to attract competitive offerings: James A. Kay, Jr, 17 FCC Red 1834 (2002) (withholding such information from public inspection)

Mr. Thomas S. Tyer ’ October 12, 2004 Page 3 of 4 5.. How Disclosure ofthe Information Could Result In Substantial Competitive Harm — § 0.459(b)(3): Information about both the status and content of the operational arrangements between Lockheed Martin and Telesat reflected in the Letter of Understanding could be misused by potential competitors to gain commercially exploitable knowledge of the company‘s technical arrangements for RNSS, thereby allowing them to reap unfair advantages in formulating their own plans, pursuing technical development of competing systems, and/or negotisting their own RNSS payload arrangements. Because commercial RNSS solutions are just beginning to emerge in the U.S. and international marketplace, now is a particularly critical ime for a company that is pursuing a unique service solution to protectits plans from disclosure. Release ofthe details ofthis project to potential competitors would allow others to benefit from plans and information that Lockheed Martin has spent considerable time and money developing, and to adapt their own plans based on Lockheed Martin‘s approach 6. Measures Taken By Lockheed Martin to Prevent Unauthorized Disclosure — § 0459(b)(6): In Article 19 of the underlying agreement between Lockheed Martin and Telesat,the parties specifically agree to strictlimitations on use and disclosure of the proprietary information. In accordance with these contract provisions, Lockheed Martin has limited access to the information solely to those employees, contractors and agents who require knowledge of the agreements‘ terms in order to perform their duties and fulfill the company‘s obligations under each agreement. Any other disclosure not compelled by law requires prior written consent ofthe other party. Additional arrangements contemplated under these agreements,such as the Letter of Understanding, are subject tothe same confidentiality terms. 7. The Information Submitted Is Not Available To The Public and Has Not Previously Been Disclosed To Third Parties, Except For Appropriately Limited Circumstances — §0459(b)(7): No part of the agreements between Lockheed Martin and Telesat, including the Letter of Understanding, has been publicly disclosed. As set forth in the basic agreements, disclosure has been limited by the parties to the "employees, contractors and agents [of Lockheed Martin and Telesat] who have a need to knowsuch Proprictary Information in the performance of their obligations" under the agreements. These agreements have not yet been eleased any other US Govenment ageney, including the Federal Aviation Administration (‘PAA"). However, upon future disclosure to the FAA by Lockheed Martin, the FAA is obligated to protect the information as contractor proprietary information and not release it publicly. 8. Period During Which The Submitted Material Should Not Be Available For Public Disclosure — § 0.459()(8): Lockheed Martin respectfully requests that the confidentialinformation attached hereto, which is submitted in connection with its Supplemental Response, be kept confidentialindefinitely. Under terms of the agreements,the period during which the parties are required to maintain confidential treatment extends three years beyond the end of each agreement‘s respective term, as separately defined in each agreement.. Accordingly, Lockheed Martin requests that the Commission maintain confidential treatment of the agreements at least until it notifies the Commission thatthe contractual periods have expired, and confidential treatment is no longer required.

‘Mr. Thomes S. Tycz ’ October 12, 2004 Page 4 of 4 9. Other Information Supporting Requestfor Confidential Treatment — § 0.459@b)(): The Commission has long recognized that satelite space segment construction contracts contain competiively sensitive information." The Commission has therefore adhered to a policy of declining to disclose such contracts "on the mere chanee" that such disclosure might be helpful t a third party in some fashion, and has typically required a showing prior to disclosure that the information provides "a necessary link in a chain of evidence"that will resolve an open issue before the Commission.* As the Letter of Understanding provided here contemplates additional arrangements pursuant to such a contract, confidentialtreatment is appropriate. «k k ++ Forl ofthe foregoing reasons, Lockheed Martin requests thatthe Commission withhold the attached document from public inspection, according it fully confidental treatment. In the event that a request for examination of this document is fled, Lockheed Mrtin requests an opportunity to respond and to provide a redacted version in liew of full disclosure. Respectfully submitted, LOCKHEED MARTIN CORPORATION By: Stephen D. Biru David S. Keir Leventhal, Senter & Lerman PL L C. 2000 K Street, N.W., Suite 600 Washington, D.C. 20006 (202) 420—8070 October 12, 2004 Its Attomeys 5 See AmendentofSpace Station Licensing Rales nd Polices, 18 FCC Red 10760,3 187 2003 * See Examination of Current Policy Concerning theTreatment of ConfdentalInformation Submied o he Conmision, 13 ECC Red 24816, 48 (1999).


Document Created: 2004-11-29 11:28:53
Document Modified: 2004-11-29 11:28:53
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