Attachment NTIA Confidential Mr

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

IBFS_SATMOD2010111800239_920930

Federal Communications Commission Washington, D.C. 20554 October 3, 2011 Mr. John E. Logan Attorney for TruePosition, Inc. 1725 I Street, N. W., Third Floor Washington, D.C. 20006 Re: NTIA Request for Confidentia) Information Mr. Logan, Thank you for your letter dated August 22, 2011, providing additional information‘ in response to my August 10, 2011, letter requesting Product/Sales information and Technical Performance Data® to support ongoing evaluation of the June 30, 2011, Final Report of the Technical Working Group that was formed to study the GPS overload/desensitization issue described the January 2011 LightSquared Order I noted in my August 10°" letter that certain information may be kept confidential pursuant to Section 0.459 of our rules upon 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 23} response requested confidential treatment of the information submitted stating that it provides insight into the technical and operational characteristics of the technology that TruePosition provides to its customers and that, if it were subject to public disclosure, it would cause significant competitive harm. On September 16, 2011, the Commission received a request from NTIA," pursuant to Section 0.442 of the FCC rules, for access to the Production/Sales information and Technical Performance Data collected by our office pursuant to my August 10, 2011 letter. Specifically, NTIA requests access to the Production/Sales information to provide it insight into the scope, scale and likely duration of potential interference to GPS users and uses and to assist it in developing recommendations and identifying remediation(s) to help federal users avoid harmful interference to their GPS operations caused by LightSquared‘s terrestrial wireless broadband service. It adds that this information is particularly relevant given that many federal agencies use off—the—shelf GPS equipment for tasks that are important to their missions.© ‘ Letter from John E. Logan Attorney for TruePosition, Inc., to Julius Knapp, Chief, Office of Engineering and Technology, Federal Communications Commission (August 22, 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). * "In the Matter of LightSquared Subsidiary LLC, Request for Modification ofits Authority for an Ancillary Terrestrial Component," DA 11—133, (rel. January 26, 2011). *47 C.F.R. §§ 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, §ecretary, Federal Communications Commission (Sep. 16, 2011). Id.

Additionally, NTIA seeks access to the Technical Performance Data to provide it insight into the specific technical specifications that are successful in limiting the interference susceptibility of certain receivers against LightSquared‘s anticipated emissions. It adds that this information will assist it in analyzing potential solutions and workarounds for federal users‘ GPS devices that may be susceptible to harmful interference from LightSquared‘s terrestrial operations." NTIA agrees to treat the information as confidential consistent with applicable law and regulation. NTIA will distribute the Production/Sales information and Technical Performance Data only to those NTIA staff working directly on this matter and NTIA does not intend to disclose the information to any other person or entity. Moreover, NTIA agrees to notify the FCC in the eventit receives a request or order for the confidential information and to consult with the Commission 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 product information to NTIA for its internal use only, but no later than October 13, 2011 and provide a courtesy copy of any opposition to NTIA. Should you have any questions concerning this request, please do not hesitate to contact me or Ron Repasi, Deputy Chief of OET. Ohy Sincerely, Julius P. Knapp Chief Office of Engineering and Technology cc: Karl B. Nebbia Associate Administrator, Office of Spectrum Management United States Department of Commerce National Telecommunications and Information Administration Washington, D.C. 20230 ‘ 1d.


Document Created: 2011-10-11 14:09:45
Document Modified: 2011-10-11 14:09:45
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