Attachment Ligado - Request for

This document pretains to SAT-MOD-20101118-00239 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2010111800239_1187771

REQUEST FOR CONFIDENTIAL TREATMENT 555 Elaventh Street, N.W., Suite 1000 Washington, D.C. 20004—1304 Tel: +1.202.637,2200 Fax: +1.202.637.2201 www.lw.com FIRM / AFFILIATE OFFICES L AT H A M &WAT K I N S LLP Accepted / F” d Abu Dhabi Moscow C Barcelona Munich Beifing New Jersey 3 ‘l 2017 Boston New York Brussels Orange County Federal Commeubnications Commission gh:ag" gafisdh January 31, 201 p OMLy Office gf the Secrota ry oha Dubai lya Rome Frankfurt San Diego Marlene H. Dortch Hamburg San Francisco S ecretary Hong Kong Shanghal + & +222 Houston Silicon Valley Federal Communications Commission London Singapore 445 12th Street, SW Los Angeles Tokyo Washington, DC 20554 Madrid Washington, D.C. Milan Re: Request for Confidential Treatment Dear Ms. Dortch: Pursuant to Section 0.459(b) of the Commission‘s rules, 47 C.F.R. § 0.459(b), Ligado Networks Subsidiary LLC ("Ligado") hereby requests confidential treatment of the . enclosed Quarterly Report of Ligado ("Report"), which is being submitted in IB Docket No. 08— 184 and IBFS File No. SAT—MOD—20101118—00239, In support of this request, Ligado states as follows: (1) Identification of the specific information for which confidential treatment is sought. Ligado requests that the Commission withhold from public inspection, and afford confidential treatment to, the information redacted in the "public‘ version of the Report ("Confidential Material"). Ligado requests that the Commission effect this request by withholding the entirety of the unredacted "confidential" version of the Report from public inspection. (2) Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission. The Report is being submitted in response to requirements imposed on Ligado by the Commission in: (i) the Memorandum Opinion and Order adopted by the Commission on March 26, 2010 in IB Docket No. 08—184 (DA 10—535); and (ii) the Order and Authorization adopted by the Commission on January 26, 2011 in IBFS File No. SAT—MOD—20101118—00239 (DA 11—133). (3) Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged. The Confidential Material contains detailed information regarding Ligado‘s business plans, network deployment, and operations. This information is commercially and competitively sensitive. Public disclosure of this information could place Ligado at a competitive disadvantage vis—a—vis its competitors, and damage Ligado‘s position in the marketplace. The Commission has long recognized that competitive harm i NON—PUBLC FOR INTERNAL USE on y

January 31, 2017 Page 2 LATHAM&WATKINSu can result from the disclosure of confidential business information. See Pan American Satellite Corporation, FOIA Control Nos. 85—219, 86—38, 86—41 (May 2, 1986). Moreover, by adopting a Protective Order in one of the proceedings in which the report is required to be filed, IB Docket No. 08—184 (DA 09—2472), the Commission has recognized that the type of information being submitted should be protected from public disclosure. (4) Explanation of the degree to which the information concerns a service that is subject to competition. The Confidential Material concerns Ligado‘s activities in the market for commercial mobile radio service ("CMRS") offerings. Ligado is subject to robust competition from numerous existing and potential service providers, as the Commission has acknowledged. Participants in adjacent market segments—e.g., wireline, satellite, and fixed wireless service providers—apply additional competitive pressure. (5) Explanation of how disclosure of the information could result in substantial competitive harm. As discussed above, the Confidential Material contains sensitive commercial and financial information. Ligado has a commercial interest in all of this information and would be harmed by its disclosure. In particular, the disclosure of this information would provide competitors with unwarranted insights into the operational status of Ligado, and would facilitate the development of strategic and competitively harmful responses by those competitors. For example, competitors could use this information to: (i) narrowly target build—out and marketing efforts to specific service areas in order to exploit insights regarding the timing or substance of Ligado‘s planned offerings; (ii) adopt pricing and marketing strategies that would confer a competitive advantage over Ligado; and (iii) undermine Ligado‘s negotiations with third parties. (6) Identification of any measures taken by the submitting party to prevent unauthorized disclosure. The Confidential Material is not normally distributed, circulated, or provided to any party outside of Ligado that is not bound by confidentiality obligations. Ligado treats this information as sensitive _ information; thus only certain personnel within the company have access to it. (7) Identification of whether the information is available to the public and the extent of any previous disclosure of the information to third parties. The Confidential Material is not available to the public, and has not previously been disclosed to third parties not bound by confidentiality obligations, excepting agents of the Commission.

January 31, 2017 Page 3 LATHAMeWATKINSu (8) Justification of the period during which the submitting party asserts that material should not be available for public disclosure. Ligado maintains that the Confidential Material should remain subject to confidential treatment indefinitely. Even historical data can be used to track trends or business decisions, and this information could then be used against Ligado. (9) Any other information that the party seeking confidential treatment believes may be useful in assessing whether its request for confidentiality should be granted. Ligado notes that the Confidential Material is exempt from disclosure under Exemption 4 to FOIA. 5 U.S.C. § 552(b)(4). Exemption 4 covers "trade secrets and commercial or financial information obtained from a person and privileged or confidential." Id. The exemption extends to all information that is: (1) commercial or financial, (ii) obtained from a person, and (iii) privileged or confidential. See National Parks and Conservation Association vs. Morton, 498 F.2d 765, 766 (D.C. Cir. 1974). The Confidential Material meets all three of these prongs. First, the terms "commercial" and "financial" are "given their ordinary meaning," and include any information in which a submitter holds a "commercial interest." Public Citizen Health Research Group vs. FDA, 704 F.2d 1280, 1288 (D.C. Cir, 1983). As noted above, the Confidential Material contains sensitive commercial and financial information. Ligado has a commercial interest in all of this information; thus, it is "commercial or financial." Second, "obtained by a person" refers to receipt of information from "a wide range of entities, including corporations." Landfair v. U.S. Dep‘t. ofArmy, 645 F.Supp. 325, 327—28 (D.D.C. 1986). Ligado is a corporation and it provided the Commission with the Confidential Material; thus, the information at issue here is "obtained by a person." ‘ ' Third, information is privileged orconfidential if disclosure of it (i) is likely to cause substantial harm to the submitter‘s competitive position, (ii) would make it difficult for the government to obtain reliable information in the future, or (iii) would impair other governmental interests. See Judicial Watch, Inc. v. Exp.—Imp. Bank, 108 F. Supp. 2d 19, 28—29 (D.D.C. 2000). As discussed above, disclosure of the Confidential Material would cause substantial harm to Ligado‘s competitive position. For this reason, disclosure of the Confidential Material also would encourage Ligado and others "to be less forthcoming in their submissions, out of concern both for appearances and their own financial interests." Id. at 29— 30.

January 31, 2017 Page 4 LATHAMsWATKINSu Please contact the dndersigned should you have any questions concerning this filing. Sincerely yours /eff/ {, LMM /3”ohn P. Janka &‘Jarrett S. Taubman Counselfor Ligado Networks Subsidiary LLC

REDACTED FOR PUBLIC INSPECTION Ia HA Makin lg\luo Strongger NETWORKS Connections January 31, 2017 Accepted / Filed Marlene H. Dortch JAN 3 1 2017 Secretary . Federal Communications Commission Federal Communications Commission Office of the Secretary Office of the Secretary 445 12th Street SW Washington, DC 20554 Re: IB Docket No. 08—184 and IBFS File No. SAT—MOD—20101118—00239 Dear Ms. Dortch: Ligado Networks Subsidiary LLC ("Ligado")" hereby submits this quarterly report pursuant to the Memorandum Opinion and Order and Declaratory Ruling adopted by the Commission on March 26, 2012 in 1B Docket No. 08—184 (the "MO&O"), and the Order and Authorization adopted by the Commission on January 26, 2011 in IBFS File No. SAT—MOD—20101118—00239 (the "O&A"). By separate letter, Ligado requests confidential treatment of this report. With regards to Condition 3 of the MO&O, Ligado has not commenced the provision of commercial MSS/ATC or terrestrial—only services. Accordingly, the number of active terminals and active users on its network in these categories is zero. For similar reasons, the number of total bytes carried by Ligado‘s terrestrial network also is zero. Pursuant to Condition [Il.B of the O&A, Ligado is providing the following list of components available from mainstream component suppliers to support L—Band dual— mode operations: This component list may be updated in future quarterly reports following grant of Ligado‘s pending license modification applications.? 1 See Letter from Jeffrey J. Carlisle, Executive Vice President, LightSquared GP Inc., to Marlene H. Dortch, Secretary, FCC (July 20, 2010) (notifying the Commission that SkyTerra had changed its name to LightSquared); Letter from Jeffrey J. Carlisle, Executive Vice President, Ligado Networks Subsidiary LLC to Marlene H. Dortch, Secretary, FCC (Feb. 11, 20186) (notifying the Commission that LightSquared had changed its name to Ligado Networks). | 2 See IBFS File Nos. SES—MOD—20151231—009881, SAT—MOD—20151231—00090 & SATMOD— 20151231—00091. 0 @2 © 10802 Parkridge Boulevard, Reston, VA 20191 | ligado.com 1 © ® & ©

REDACTED FOR PUBLIC INSPECTION Please contact the undersigned should you have any questions in this matter. Sincerely, L BasK_~~~~C William Davenport Senior Vice President & Deputy General Counsel, Regulatory Affairs and Public Policy co: Brendan Carr Tom Sullivan Jennifer Gilsenan IB—SATFO@fcc.gov Ligado Networks Subsidiary LLC Quarterly Report


Document Created: 2017-02-15 17:34:24
Document Modified: 2017-02-15 17:34:24
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