Attachment LightSquared letter

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

IBFS_SATMOD2010111800239_919742

                                Federal Communications Commission
                                      Washington, D.C. 20554
                                                       September 22, 2011



Mr. Jeffrey Carlisle
Executive Vice President for Regulatory Affairs and Public Policy
LightSquared Subsidiary LLC
10802 Parkridge Boulevard
Reston, Virginia 20191


                                                      Re: NTIA Request for Confidential Information

Mr. Carlisle,

Thank you for your letter dated August 15, 2011 providing the Device Code Key for the devices
tested and evaluated‘ in the June 30, 2011, Final Report of the Working Group that was formed
to study the GPS overload/desensitization issue described in our Order and Authorization of
SAT—MOD—20101118—002392

In my August 10, 2011, letter requesting additional information," I noted that certain information
may be kept confidential pursuant to Section 0.459 of our rules upon your appropriate request for
such treatment and that the Commission may disclose such confidential information to other
federal agencies under the procedures set forth in Section 0.442 of our rules.* Your August 15,
2011, response requested confidential treatment of the Device Code Key information to protect
technical and commercially sensitive information resulting from the Technical Working Group
testing.

On September 16, 2011, the Commission received a request from NTIA," pursuant to Section
0.442 of the FCC rules, for access to the information collected by our office pursuant to my
August 10, 2011 letter. Specifically, NTIA requests access to the Device Code Key that
identifies GPS receivers tested by the Technical Working Group. NTIA indicates that access to
the device code key will enable it to more realistically determine the scale and scope of the
potential impacts of LightSquared‘s operations on GPS users and uses and help facilitate the
development of the most efficient federal next steps and/or test plan possible.



‘ Letter from Jeffrey Carlisle, Executive Vice President for Regulatory Affairs and Public Policy, LightSquared and
Co—Chait, Technical Working Group to Marlene H. Dortch, Secretary, Federal Communications Commission
(August 15, 2011).                                                                     .
* "In the Matter of LightSquared Subsidiary LLC, Request for Modification ofits Authority for an Ancillary
Terrestrial Component," DA 11—133, (rel. January 26, 2011).
* Letter from Julius Knapp, Chief, Office of Engineering and Technology, Federal Communications Commission to
Jeffrey Carlisle, Executive Vice President for Regulatory Affairs and Public Policy, LightSquared Subsidiary LLC
and Charles R. Trimble, Chairman, U.S. GPS Industry Council (August 10, 2011).
*47 CFR. §§ 0.442, 0.459.
* Letter from Karl B. Nebbia, Associate Administrator, Office of Spectrum Management, National
Telecommunications and Information Administration (NTIA) to Marlene H. Dortch,
Secretary, Federal Communications Commission (Sep. 16, 2011).


NTIA agrees to treat the information as confidential consistent with applicable law and
regulation. NTIA will distribute the Device Code Key internally only to those NTIA staff
working directly on this matter and NTIA does not intend to disclose the Device Code Key to
any other person or entity. Moreover, NTIA agrees to notify the FCC in the event it receives a
request for the confidential information and to consult with the FCC prior to any required
release.

Section 0.442(d)(1) provides that a party who furnished records to the Commission with a
request for confidential treatment will be notified at the time that the request for disclosure is
submitted and will be afforded ten calendar days in which to submit an opposition to the
disclosure. We therefore request that you submit as soon as practicable any opposition to
providing the Device Code Key to NTIA for its internal use only, but no later than October 3,
2011. Should you have any questions concerning this request, please do not hesitate to contact
me or Ron Repasi, Deputy Chief of OET.

                                                       Sincerely,

                                                               0 Ky"
                                                       Julius P. Knapp
                                                       Chief
                                                       Office of Engineering and Technology




cc: Charles R. Trimble, Chairman
U.S. GPS Industry Council
c/o Raul R. Rodriguez, Esq.
Lerman Senter PLLC
2000 K Street, N.W., Suite 600
Washington, D.C. 20006

Henry Goldberg, Esq.
Counsel for LightSquared Subsidiary, LLC
Goldberg, Godles, Wiener & Wright
1229 19°" Street, N.W.
Washington, D.C. 20036

Karl B. Nebbia
Associate Administrator, Office of Spectrum Management
United States Department of Commerce
National Telecommunications and Information Administration
Washington, D.C. 20230



Document Created: 2011-10-04 12:20:04
Document Modified: 2011-10-04 12:20:04

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