Attachment Globalstar-req confi

This document pretains to SAT-MOD-20091214-00152 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2009121400152_837021

WILMERHALE July 21, 2010 Samir C. Jain Ms. Marlene Dortch Secretary omeose samir.jain@wilmerhale.com Federal Communications Commission 445 Twelfth Street, SW Washington, D.C. 20554 Re: REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO SECTIONS 0.457 AND 0.459 GLOBALSTAR LICENSEE, LLC File No. SAT—MOD—20091214—00152 Dear Ms. Dortch: Globalstar Licensee LLC ("Globalstar") hereby submits the attached Response, along with accompanying Attachments ("Response and Attachments"), to a request from staff in the Commission‘s International Bureau relating to the status of the deployment of Globalstar‘s second—generation satellite constellation, Globalstar 2.0, in connection with the Commission‘s consideration of the above—referenced application.‘‘ Globalstar respectfully requests that, pursuant to Sections 0.457 and 0.459 of the Commission‘s rules, 47 C.F.R. §§ 0.457, 0.459, the Commission withhold from public inspection and accord confidential treatment to the Response and Attachments, which contain commercially sensitive information that falls within Exemption 4 of the Freedom of Information Act ("FOoIm).* Exemption 4 permits parties to withhold from public information "trade secrets and commercial or financial information obtained from a person and privileged or confidential categories of materials not routinely available for public inspection.*‘ 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 whom the information was obtained. See National Parks and Conservation Ass‘n v. Morton, 498 F.2d4 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 V Globalstar Licensee LLC — Application for Modification of License for Operation of Ancillary Terrestrial Component Facilities (File No. SAT—MOD—20091214—00152), filed on December 14, 2009 ("Globalstar Application"). . ¥ See 5 U.S.C. § 552(b)(4); 47 C.F.R. § 0.457(d). ¥ 1d. Wilmer Cutler Pickering Hale and Dorr utr, 1875 Pennsylvania Avenue NW, Washington, DC 20006 Beijing Berlin Boston Brussels Frankfurt London Los Angeles New York Oxford Palo Alto Waltham Washington

WILMERHALE July 21, 2010 Page 2 with the requirements contained in Section 0.459(b) for such requests, Globalstar hereby submits the following: (1) Identification ofSpecific Information for Which Confidential Treatment is Sought (Section 0.459(b)(I)). Globalstar seeks confidential treatment of the Response and Attachments, which contain information about the final testing, delivery, and launch schedule of the satellites that will constitute the Globalstar 2.0 satellite constellation. (2) Description of Circumstances Giving Rise to Submission (Section 0.459(b)(2)). Globalstar is filing the Response and Attachments at the request of staff in the Commission‘s International Bureau to aid in the Commission‘s consideration of a pending application filed by Globalstar. See Globalstar Licensee LLC — Application for Modification of License for Operation of Ancillary Terrestrial Component Facilities (File No. SAT—MOD—20091214—00152), filed on December 14, 2009. (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 Response and Attachments contain sensitive commercial information that Globalstar‘s competitors could use to Globalstar‘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; it includes information about work performed for the purpose of conducting a business‘s commercial operations." The information contained in the Response and Attachments falls clearly within the definition of commercial. Competitors could use this information to enhance their market position at Globalstar‘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 the mobile satellite service industry. The presence of competitors makes imperative the confidential treatment of sensitive commercial information. Indeed, for this reason, Globalstar‘s primary competitor, Iridium Satellite LLC, routinely requests and has obtained confidential treatment of information submitted to the Commission concerning the status ofits mobile satellite service constellation. See, e.g. Iridium Communications Inc., 1.6/2.4 GHz Mobile Satellite System License, Call Sign $2110, Section 25.143(e) Annual Report and Request for Confidential Treatment Pursuant to Sections 0.457 and 0.459 (filed Oct. 15, 2009). (5) Explanation ofHow Disclosure ofthe Information Could Result in Substantial Competitive Harm (Section 0.459(b)(5)). As explained above in Section 3, release of the information contained in the Response and Attachments could have a significant impact on

WILMERHALE July 21, 2010 Page 3 Globalstar‘s commercial operations. If competitors or customers had access to this information, it could negatively affect Globalstar‘s future negotiations with potential and existing customers. (6) Identification ofMeasures Taken To Prevent Unauthorized Disclosure (Section 0.459(b)(6)). Globalstar treats the information contained in the Response and Attachments as confidential information and has not disclosed it publicly. Globalstar limits access to the information contained in the Response and Attachments to necessary personnel only. In addition, Globalstar takes precautions to ensure that this information is not released to the general public or obtained by its competitors through other means. (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)). Globalstar has not made the information in the Response and Attachments available to the public and has not disclosed the information to any third parties. (8) Justification ofPeriod During Which the Submitting Party Asserts that the Material Should Not be Available for Public Disclosure (Section 0.459(b)(8)). Globalstar respectfully requests that the Commission withhold the information in the Response and Attachments from public inspection indefinitely. This information will remain commercially sensitive until the Globalstar 2.0 satellite constellation is launched and becomes fully operational. Should there be any questions concerning this matter, please contact the undersigned. Sincerely yours, — Samir C. Jain Counsel to Globalstar Licensee LLC Confidential Attachments


Document Created: 2019-04-09 01:17:05
Document Modified: 2019-04-09 01:17:05
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