Attachment LightSquared - req f

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

IBFS_SATMOD2010111800239_910479

LAW OFFICES GOLDBERG, GODLES, WIENER & WRIGHT 1229 NINETEENTH STREET, N.W. WASHINGTON, D:©—20036—2413 CONF“)ENTIAL fTOR WTepyo——__ HENRY GOLDBERG INAL USE“\-«..._,_ (202) 429—4900 JOSEPH A. GODLES f ONLy [ TELECOPIER: JONATHAN L. WIENER No } (202) 429—4912 LAURA A. STEFANI a L DEVENDRA ("DAVE") KUMAR \\\—1‘4&’2\ / e—mail: HENRIETTA WRIGHT *nen} general@g2w2.com THOMAS G. GHERARDI, PC. July 29, 2011 website: www.g2w2.com counsEL THOMAS S. TYCZ* SENIOR POLICY ADVISOR *NOT AN ATTORNEY **CONFIDENTIAL TREATMENT REQUEST** FILED/ACCEPTE VIA HAND DELIVERY Federal Communications Commission ann 29 zo1 . Federal Communications Commission . 1 Office of the Secretary &2 géfi;t(})f ;;e Steg;;tary ee Washington, DC 20554 Re: IB Docket No. 08—184 and SAT—MOD—20101118—00239 Dear Ms Dortch: Pursuant to the Federal Communications Commission‘s ("FCC" or ‘ "Commission") Memorandum Opinion and Order and Declaratory Ruling! A~ // ("MO&O") and Order and Authorization? ("O&A") (the "Orders"), LightSquared Subsidiary LLC ("LightSquared") is submitting contemporaneously herewith a redacted version of its second quarterly report under the O&A (the "Report") addressing those matters for which quarterly _ reporting is required under the Orders. LightSquared hereby requests confidential treatment of the attached, non—redacted version of the Report and asks that it not be placed in the Commission‘s public files, as permitted under Section 552(b)(4) of Part 5 of the U.S. Code and Sections 0.457(d) and 0.459 of the Commission Rules.A 1 In the Matter of SkyTerra Communications Inc., Transferor, and Harbinger Capital Partners Funds, Transferee, Applications for Consent to Transfer of Control of SkyTerra Subsidiary, LLC, Memorandum Opinion and Order and Declaratory Ruling, IB Docket No. 08—184 (March 26, 2010) ("MO&O"). 2 In the Matter of LightSquared Subsidiary LLC, Request for Modification of its Authority for an Ancillary Terrestrial Component, SAT—MOD 2011 1118—00239 (Jan 26, 2011) ("O&A"). 3 See Letter from Jeffrey J. Carlisle, Executive Vice President, LightSquared GP Inc., to Marlene H. Dortch, Secretary, FCC (July 20, 2010) (notifying the Commission of the corporate name changes affecting various SkyTerra—named entities). 15 U.S.C. § 552(b)(4); 47 C.F.R. §§ 0.457(d) and 0.459. CONFIDENTIAL

As required by the Orders, the Report includes detailed information regarding LightSquared‘s business plans, network deployment, and operations that is commercially and competitively sensitive. This information would not routinely be made available for public inspection; LightSquared has taken measures to protect against disclosure of the information. Disclosure of the information, moreover, could be detrimental to LightSquared‘s business. Non—parties could use knowledge of the information contained in the Report to undermine LightSquared‘s business plans. The information contained in the Report is exempt from disclosure under FOIA Exemption 4, 5 U.S.C. § 552(b)(4). FOIA Exemption 4 covers "commercial or financial information obtained from a person and privileged or confidential." As discussed above, the document for which confidential treatment is sought peftains to LightSquared‘s business plans, and contains strategic and technical information that, if disclosed, could be detrimental to LightSquared‘s business. Moreover, because the Report contains information relating to LightSquared‘s business plans, network deployment, and operations, disclosure of any of the information contained in the Report would not serve FOIA‘s core purpose of "contribut[ing] significantly to public understanding of the operations or activities of the government."$ Please direct any questions regarding this matter to the undersigned. Respectfully submitted, h A. Godles Jonathan L. Wiener Counsel for LightSquared Subsidiary LLC 5 5 U.S.C. § 552(b)(4). 6 U.S. Dep‘t of Defense v. FLRA, 510 U.S. 487, 495 (1994) (emphasis in original). See also U.S. Dep‘t of Justice v. Reporters Conmuittee for Freedom of the Press, 489 U.S. 749, 773 (1989) (purpose of FOIA is to learn about the operations of government); National Assoc. of Broadcasters, On Requestfor Inspection ofRecords, FOIA Control No. 2007—235, FCC 09—81, at 8, «[ 15 (rel. Sep. 30, 2009). GoOLDBERG, GODLES, WIENER & WRIGHT


Document Created: 2011-08-04 18:01:41
Document Modified: 2011-08-04 18:01:41
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