Attachment request

request

REQUEST submitted by AtContact

request

2007-04-19

This document pretains to SAT-MOD-20060511-00056 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2006051100056_561239

                                                    6017 Woodley Road
                                                   McLean, VA 22101
                                                   April 13, 2007

Marlene H. Dortch
Secretary
Federal Communications Commission
The Portals, Room TW—A325
455 12" Street, S.W.
Washington, DC 20554

            REQUEST FOR CONFIDENTIAL TREATMENT
             ROUTE DIRECTLY TO INTERNATIONAL BUREAU

Re: AtContact Communications, LLC‘s Demonstration of Compliance With the
First Milestone for its Ka—Band FSS Satellite System
File Nos. SAT—MOD—20060511—00056 (NGSO), SAT—MOD—20060511—00059 (83°
W.L.), SAT—MOD—20060511—00060 (121° W.L.), SAT—MOD—20060511—00058 (34°
E.L.), SAT—MOD—20060511—00057 (130° E.L.); Call Signs $2346, $2680, $2681,
8$2682, S2683

Dear Ms. Dortch:

                AtContact Communications, LLC ("@contact‘), by its counsel, hereby
requests that the identified portions of the documents submitted herewith demonstrating
compliance with the contract execution milestone contained in @contact‘s Ka—band
license‘ and required by Section 25.164(c) of the Commission‘s rules* and the
Commission‘s First Space Station Licensing Reform Order," be held in confidence and
not made available for pubic inspection, pursuant to Section 0.459 of the Commission‘s




1      Order and Authorization, in the Matter ofcontactMEO Communications, LLC;,
For Authority to Launch and Operate a Non—Geostationary Orbit Fixed—Satellite System
in the Ka—band Frequencies, 21 FCC Red 4035 (2006) at €68.

2       47 C.F.R. § 25.164(c) (requiring demonstration of a binding, non—contingent
contract for construction of the licensed satellite system).

3      In the Matter ofAmendment ofthe Commission‘s Space Station Licensing Rules
and Policies; Mitigation of Orbital Debris, First Report and Order and Further Notice of
Proposed Rulemaking in IB Docket No. 02—34, and First Report and Order in IB Docket
No. 02—54, 18 FCC Red 10760, 10831 ((184) (2003) ("First Space Station Licensing
Reform Order") (requiring that a licensee demonstrate compliance with the one—year
contract execution milestone).



                              BR INTERNALuse OnLY
                                         m
                            snn cem


rules." Confidential treatment in this cireumstance is fully consistent with the
Administrative Procedure Act and past Commission practice.

               AtContact Communications, LLC ("@contact has filed through IBFS a
public redacted version of the binding, non—contingent contract between @contact and
Space Systems/Loral for the construction of its above—referenced satellite system.

                @contact is submitting under cover of this request an unredacted copy of
the fully—executed, non—contingent agreement, with exhibits, between Space
Systems/Loral ("Loral") and @contact. This agreement covers the five Call Signs
referenced above. Also, in furtherance of this request, only one copy of this document is
being filed with the Commission. Brackets or shaded text are used to identify the specific
language in the attached for which confidential treatment is requested. The contents of all
the exhibits are considered redacted and the subject of this request.

                @contact hereby requests that the bracketed language and all exhibits in
the enclosed unredacted contract be treated as confidential and not routinely available for
public inspection pursuant to 47 C.F.R. §§ 0.457 and 0.459, and 5 U.S.C. § 552(b)(4).
These components of the contract contain highly sensitive information that qualifies as
"commercial, financial, or technical information that "would customarily be guarded
from competitors" regardless of whether or not such materials are protected from
disclosure by a privilege. See 47 C.F.R. § 0.457(d); see also Critical Mass Energy
Project v. NRC, 975 F.2d 871, 879 (D.C. Cir. 1992) ("Critical Mass Energy")
{concluding that financial or commercial information provided to the Government
voluntarily is "confidential" for purposes of Exemption 4 of the Freedom of Information
Act, which applies to information constituting "trade secrets and commercial or financial
information" that "would not customarily be released to the public‘). Revealing the
redacted information in the contract if disclosed could place @contact and Loral at a
competitive disadvantage.

             In support of this request and pursuant to 47 C.F.R. § 0.459(d) of the
Commission‘s rules, @contact provides the following information:


               1. Specific Information For Which Confidential Treatment is Sought
                  — § 0.459(b)(1): @contact seeks confidential treatment for those parts
                  of the satellite construction contract, including all exhibits, between it
                   and Loral that relate to specific technical characteristics, financial
                   terms, payment plans and construction schedules and similar matters.
                   As noted, @contact has also filed a public version of the attached
                   materials, which reflects redaction of these parts of the contract.




4      47 C.F.R. § 0.459; see also, id., [187.


. Circumstances Giving Rise to the Submission — § 0.459(b)(2): The
  information is being submitted pursuant to 47 C.F.R. § 25.164(c) to
  demonstrate compliance with the binding, non—contingent contract
  milestone contained at paragraph 68 of @contact‘s Ka—band license.

. Degree to Which The Information is Commercial or Financial, or
  Contains a Trade Secret or is Privileged — § 0.459(b)(3): The
  contract materials for which @contact request confidential treatment
  contain sensitive commercial, financial and technical information that
  would customarily be kept from competitors. This information
  includes confidential terms associated with technical information and
  characteristics, and operational and financial details. @contact would
  be severely prejudiced in its ability to compete were such information
  released to become available to a competitor. It could also adversely
  impact future negotiations between @contact and Loral, as well as
  between Loral and their potential contractors or customers. Disclosure
  of these terms would therefore be damaging to both companies.

. Degree to Which The Information Concerns a Service That is
  Subject to Competition — § 0.459(b)(4): The commercial provision
  of Ka—band FSS is relatively new in the industry, and there are
  numerous @contact applicants and competitors who would stand to
  benefit competitively from any knowledge of the materials for which
  @contact requests confidential treatment.

._ How Disclosure of The Information Could Result in Substantial
  Competitive Harm — § 0.459(5): Disclosure of the information for
  which confidentiality treatment is requested could result in substantial
  harm to @contact and Loral by revealing to their competitors the
  satellite construction industry and the public information that would be
  useful in negotiating contracts to develop competing service offerings.
  "Buyers receive a clear competitive advantage if they know the prices
  that other buyers have been charged as a result of individual
  negotiations." See In re Application ofMobile Communications
  Holdings, Inc. for Authority to Construct the ILLIPSO Elliptical Orbit
  Mobile Satellite System, 10 FCC Red 1547, 1548 (Int‘l Bur. 1994). In
  addition, @contact would be adversely affected in any future
  negotiations for satellite construction if this information were available
  to other satellite manufacturers.

._ Measures Taken by @contact to Prevent Unauthorized Disclosure
   — § 0.459(b)(6): By the terms of the contract and through non—
   disclosure agreements, @contact and Loral go to great lengths to
   prevent unauthorized persons from having access to the sensitive
   technical and financial information for which confidential treatment is


                  requested.

               7. The Information Submitted is Not Available to the Public and Has
                  Not Previously Been Disclosed to Third Parties, Except for
                  Appropriately Limited Circumstances — § 0.459(b)(7); No part of
                  the materials for which confidential treatment is requested has been or
                  is available to the public or any third party without direct "need to
                  know" involvement.

               8. Period During Which the Submitted Material Should Not be
                  Available for Public Disclosure — § 0.459(b)(8): @contact requests
                  that the materials for which confidential treatment have been requested
                  remain withheld from public disclosure indefinitely.

               9. Other Information Supporting Request for Confidential
                  Treatment — § 0.459(b)(9): Denying @contact‘s request for
                   confidential treatment would impair the Commission‘s ability to obtain
                   voluntarily this kind of information in the future. The Commission has
                   long recognized the need for respecting confidentiality of certain
                   materials, as shown by its discussion in its First Space Station
                   Licensing Reform Order at paragraphs 186—87, by §§ 0.457 and 0.459
                   of its rules, and by its and U.S Court of Appeals decisions." These
                   policies and practices apply fully to the enclosed materials.


               For the foregoing reasons, @contact asks that the Commission




5       See Examination of Current Policy Concerning the Treatment of Confidential
Information Submitted to the Commission, 13 FCC Red 24816, 8 (1998) (declining to
disclose competitively sensitive contracts "on the mere chance" that such disclosure
might be helpful to a third party in some fashion). See also Critical Mass Energy, supra,
at 878 ("Where, however, the information is provided to the Government voluntarily, the
presumption is that [the Government‘s] interest will be threatened by disclosure as the
persons whose confidences have been betrayed will, in all likelihood, refuse further
cooperation.")


extend confidential treatment to the attached information as requested herein.

               Please contact me if you have any questions concerning this submission.

                                                     Respectfully submitted,




                                          L. / l     James M. Talens
                                                     703.241.1144

                                                     Counselfor AtContact
                                                     Communications, LLC

David M. Drucker
Manager
AtContact Communications, LLC
2539 North Highway 67
Sedalia, CO 80135
303.688.5162

Enclosures



Document Created: 2007-04-19 12:20:05
Document Modified: 2007-04-19 12:20:05

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC