Attachment request

request

REQUEST submitted by Inmarsat Ventures

request

2006-01-13

This document pretains to SAT-MOD-20051104-00212 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2005110400212_476256

sis ceoveh. ORIGINAL s z hosse LATHAMeWATKINS« Te—mas t Reniies & coNFIDENTIAL— Not FoR PusLC iNsPEctioN RRZL MX * Re e‘ prean Heiore Sintgs h. Juses 13.300¢ 20 (Anoce Sugs Recéived is Ruma" via Hanp pevrvery e mf JAN 1 8 2005 meemoer inegonoe Ms. Marlene H. Dortch Secretary .. RRREY Branch RECEIVED Federal Communications Commission ‘emational Bureay gan 1 3 20085 445 12th Stree, S.W. Washington, DC 20554 FutunlCommunicatoosConnisien Oiten o in Re: Request for Confidential Treatment In the matter of Application of Mobile Satellite Ventures Subsidiary LLC for Modification of License to Operate an Ancillary Terrestrial Component File Nos: SAT—MOD—20051104—00212 SAT—MOD—20051104—00211 SES—MOD—20051 104—02556 Dear Ms. Dortch: Pursuant to Sections 0.457 and 0.459 of the Commission‘s rules," Inmarsat Ventures Limited ("Inmarsat") respectfully requests that the Commission withhold from public inspection, and accord confidential treatment to, the enclosed. confidential version of the Consolidated Opposition of Inmarsat Ventures Limited (*Consolidated Opposition") in the above mater Concurrently with the fling ofthis leter, Inmarsat has separately filed a redacted, public version of the Consolidated Opposition. Exhibit A of the enclosed confidential version contains information regarding L—Band spectrum usage that Inmarsat and other parties to the 1996 Mexico City Memorandum of Understanding (Mexico City MoU®) have agreed to maintain confidential, and it contains references to pleadings regarding the Mexico City MoU made by MSV for which MSV has sought confidentialtreatment under the Commission‘s Rules. As the Commission has previously recognized, information pertaining to the Mexico City MoU and related coordination documents is entitled to confidential treatment." § 47 CER. 3§ 0457 and 0499. iRefre nem— £ See ComserOnter, 16 FCC Red 21661, 21710 acy 107 2o0b)) POR INTERnar pge ONW No

16 uateren. coreh Aruay in mm Pages CONFIDENTIAL— NOT FOR PUBLIC INSPECTION LATHAM@WATKINS« This confidential commercial information falls squarely within Exemption 4 of the Freedom of Information Act (°FOIA®)." Exemption 4 of FOIA provides that the public disclosure requirement of the statute "does not apply to matters that are .. . trade secrets and commercial or financial information obtained from a person and privileged or confidential:"* This commercial information is "confidential" under Exemption 4 of FOIA because Inmarsatis voluntarily providing this information, which is "of a kind that would not customarily be released to the public by the person from whom it was obtained." In support of this request and pursuant to Section 0.459(b) of the Commission‘s rules, Inmarsat provides the following information.° First, Inmarsat seeks confidential treatment of the information relating to the Mexico City MoU and information relating to the MSS operations of Inmarsat and other L—Band operators contained within the Consolidated Opposition, attached hereto." Second, the Consolidated Opposition relates to the matter of the Application of Mobile Satellite Ventures Subsidiary LLC for Modification of License to Operate an Ancillary Terrestrial Component, File Nos. SAT—MOD—20051104—00212, SAT—MOD—20051104—00211, and SES—MOD—20051 104—02556." Third, the Consolidated Opposition: contains confidential information: about interational spectrum coordination matters."_The Commission has previously recognized that information pertaining to the Mexico City MoU and related coordination documents is entitled to confidentialtreatment."" Fourth,the information provided in the Consolidated Opposition is directly related to a competitive service for which confidentility is warranted."" Inmarsat is the operator of a mobile satellite system that is used throughout the world, including North America. Other entities have satellite systems that are competitive to Inmarsat‘s MSS system. 4 susoasem® § u. * See, . CriteelMass Energy Project v. NRC, 975 E. 24 871, 79 (D.C. Cir 1992) a #7 CcBR s 04sot) * See 47 CBR. § 0.459®X1) identifcation of thespecifc nformaton for which confidental wextment is sourho * See 47 CER. § 0459®)C) (ideifcation of the Commission proceeding in which the information vas submited or a descriptionof th ircumstances giving rise t the submission). * See 47 CER. § 049®)G) (explanation of th degree o which thinformation is commercialorfinancil or contain a rideseeret or is privileged) 3 See ComsatOrder, 16 FCC Red 21661, 21710 t3 107 2001) j ie 47 CR $0.459(b)(4)(esplanation of the degrec to whichtheinformation conceens aservicethat s subjectto compertion)

w manesen noreh Mnthoum Pages CONFIDENTIAL— NOT FOR PUBLIC INSPECTION LATHAMWATKINS« Fifth, disclosure of this information would violate the terms of the Mexico City MoU. Sixth, the confidential version of the Consolidated: Opposition is marked "Confidential—Not For Public Inspection," and access to the document has been restricted to individuals with a need to know."" The Mexico City MoU is marked "Confidential to the Parties," and the ongoing L—Band frequency coordination process under the Mexico City MoU is confidentil to the partiesto that process. Seventh, the confidential version of the Consolidated Opposition and. the confidential information contained therein have not previously been publicly disclosed." Finally, Inmarsat requests that the confidential version of the Consolidated Opposition be treated as confidential for the longer of fifteen years or untl such time as the Commission no longer maintains the confidentiality of the Mexico City MoU, the related operating agreements, o the international coordinations thereunder."" + + + « For these reasons, Inmarsat respectfully requests that the Commission withhold from public inspection, and accord confidentialtreatment to, the enclosed confidential version of the Consolidated Opposition. Respectfully submitted. Enclosure " See 47 CBR §.04590)(@) (dentifcation of any measures taken by the submiting party to prevent unsuthorized diclosure) * See 47 CER. § 0459®X) (idetifcation of whether theinformation is availble o the publc and the extent of any previous disclosure of thinformation t hid paries) * See 47 CBR § 0459®¥8) (ustifcation of the period duringwhich the subniting party assers tat materialshould notbe availblefor public discosure).


Document Created: 2006-01-18 12:00:21
Document Modified: 2006-01-18 12:00:21
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