Attachment Viasat - Request for

Viasat - Request for

REQUEST submitted by Viasat

Request for Confidential Treatment

2019-06-17

This document pretains to SAT-MOD-20190617-00047 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2019061700047_1833327

NON-PUBLIC 555 E~wanth SttccL t&W Sufta 1000 Washuig~mi. D~C. 1304 INTERNAL USE ONLY _______ ________________ te* +1 202.6372200 Fa~ +1.202.637.2201 ~wwJw m FtSM AFFtURTE OFFtcES LATHAM&WATKI NSu B~ng Mo5cow Bu~an Biussuis New Yodc CentwyCdy O~ngeCowUy PaN June 17, 2019 DOssefdod San Diego F.~nkfwt San Francisco Hamb~g Sao~ Hong Kong Shanghai BY HAND DELIVERY ______________________ Houslon Siliann Valley London Accepted / FiIect~ Ms. Marlene H. Dortch Mlbn Secretary Federal Communications Commission JUN 172019 445 12th Street, SW Federal Communications Commission Washington, DC 20554 Office of the Secretary Re: REQUEST FOR CONFIDENTIAL TREATMENT Viasat, Inc., Application for Modification of Market Access Grant and for Extension or Waiver of Milestone Date, TBFS File Nos. SAT-LOt 20140204-00013, SM’~AMD-20 1402018-00023, SAT-MOD-20 150618 00037; Call Sign S2917 1.PAt)~bI’-1Q) ~- Dear Ms. Dortch: Pursuant to the Freedom of Information Act (“FOIA”) and Sections 0.457(d) and 0.459 of the Commission’s rules, 5 U.S.C. § 552(b); 47 C.F.R. §~ 0.457,0.459, Viasat, Inc. (“Viasat”) respectfully requests that the Commission withhold from public inspection, and accord confidential treatment to the attached confidential version of Viasat’s Application for Modification of Market Access Grant and for Extension or Waiver of Milestone Date (“Application”) in its entirety. Viasat separately is filing a public, redacted version of the Application through IBFS. The Application seeks to modify the above-referenced U.S. market access grant for a Ka band satellite at 88.9° W.L. and includes a request to extend the milestone for launch and operation of the satellite. In support of its request, Viasat is providing sensitive commercial and financial information that is privileged and/or confidential, and thus is exempt from disclosure pursuant to FOIA Exemption 4, 5 U.S.C. § 552(b)(4). In support of this request for confidential treatment and pursuant to Section 0.459(b) of the Commission’s rules, 47 C.F.R. § 0.459(b), Viasat provides the following information: 1. Identification of S~eclfic Information for Which Confidential Treatment Is Sought (47 C.F.R. ~i O.459(bXl)). Viasat respectfully requests that the Commission withhold from public inspection, and accord confidential treatment to, the attached unredacted version of the Application in its entirety. The Application contains commercial and ~lru~ [~LU~Y

Ma. Marlene H. Doitch June 17, 2019 Page 2 L ATH A M& WAT K IN S financial information that is marked as confidential in the attached version of the Application (the “Confidential Material”). 2. Description of Circumstances Giving Rise to the Submission (47 C.F.R. § O.459(b)(2)). The Application is being filed to request a modification of Viasat’s U.S. market access grant for a satellite at 88.9° W.L. The Confidential Material is being provided in support of Viasat’s request to extend the launch and operation milestone for the satellite. 3. Explanation of the Degree to Which the Information Is Commercial or Financial, or Contains a Trade Secret or Is Privileged (47 C.F.R. § O.459(bW3)). The Confidential Material includes confidential information regarding certain satellite construction matters as well as the amount Viasat has expended on the satellite to date. The Confidential Material is commercial and financial information that is customarily guarded from competitors, and Viasat has a clear commercial interest in this information. As explained below, public disclosure of this information would place Viasat at a competitive disadvantage vis-á-vis its competitors and would damage Viasat’s position in the marketplace. 4. Explanation of the Degree to Which the Information Concerns a Service That Is Subject to Competition (47 C.F.R. § O.459(b)(4)). The Confidential Material pertains to Viasat’s deployment of a satellite that will be used to provide broadband services, which are subject to vigorous competition from numerous other existing and potential providers offering services over satellite, wireline, and terrestrial wireless technologies. 5. Explanation of How Disclosure of the Information Could Result in Substantial Competitive Harm (47 C.F.R. § O.459(b)(5)). As noted above, satellite service providers and cable, wireless, and telephone companies compete, or potentially compete, with Viasat. The Confidential Material contains proprietary information regarding the construction of a state-of-the-art satellite and could be used by competitors to develop a competitive response to Viasat. The Confidential Information also contains cost information regarding the satellite. Access to this information could allow competitors to glean information about Viasat’s cost structure. Disclosure of the Confidential Material also could affect Viasat’s future negotiations relating to satellite construction. 6. Identification of Any Measures Taken by the Submitting Party To Prevent Unauthorized Disclosure (47 C.F.R. § O.459(b)(6)). The Confidential Material is not normally made available to any party outside of Viasat who is not bound by nondisclosure obligations. Viasat routinely takes affirmative steps to protect such information from disclosure, including through non-disclosure agreements or other confidentiality undertakings that preclude disclosing to third parties or using the types of information contained in the Confidential Material. 7. Identification of Whether the Information Is Available to the Public and the Extent of Any Previous Disclosure of the Information to Third Parties (47 C.F.R. § O.459(b)(7)). The Confidential Material is not available to the public. As noted above,

Ms. Marlene H. Dortch June 17, 2a19 Page 3 L AT H A M & WAT K IN 5 third parties who have or need access to the information are bound by nondisclosure obligations, because the Confidential Material would not be released to the public by Viasat. 8. Justification of the Period During Which the Submitting Party Asserts That Material Should Not Be Available for Public Disclosure (47 C.F.R. § O.459(bXS)). Viasat requests that the Commission withhold the Confidential Material from public inspection indefinitely. The manufacturing issues and cost information relate to a satellite that will be operational for many years, and would also be relevant information for future satellites, and thus would continue to provide insight into Viasat’s operations well into the future. 9. Other Information That Viasat elieves May Be Useful in Assessing Whether Its Reuuest for Confidentiality Should Be Granted (47 C.F.R. § O,459(b)(9)). In addition to the substantial harm to Viasat’s competitive position detailed above, the Confidential Material should be withheld from disclosure even if it is deemed to be information compelled to be provided to the Commission, because public disclosure of confidential information in this case would make it difficult for the Commission to obtain reliable information from regulated companies in the future. See National Parks and Coizservation Ass ‘ii v. Morton, 498 F.2d 765, 770-71 (D.C. Cir. 1974). Courts have recognized that in cases where agencies compel submission of information, there may still be “circumstances in which disclosure could affect the reliability of such data” and thus would result in the diminution of the “reliability” and “quality” of information submitted to the agency.2 If the type of competitive commercial and financial information contained in the Confidential Material were publicly disclosed, applicants may well be less forthcoming and attempt to avoid the provision of more detailed competitive and financial information as much as possible, which would deprive the Commission of the information that would support well-reasoned decisions regarding how best to serve the public interest.3 Critical Mass Energy Project v. NRC, 975 F.2d 871, 878 (D.C. Cir. 1992) (citing Wash. Post Co. v. FiNS, 690 F.2d 252, 268-69 (D.C. Cir. 1982)). 2 See Id. ~ See, e.g., Judicial Watch, Inc. v. Exp. -Imp. Bank, 108 F. Supp. 2d 19, 29-30 (D.D.C. 2000) (“The government has a compelling interest in ensuring that the information it receives is of the highest quality and reliability, and disclosure of potentially sensitive commercial and financial information, even where submissions of information are mandatory, would jeopardize the [agency’sJ ability to rely on any such information that is submitted”).

Me. Marlene H. Dorich June 17,2019 Page 4 L AT H AM WAT K IN S UP For these reasons, Viasat respectfully requests that the Commission withhold from public inspection, and accord confidential treatment to, the Confidential Material. Respectfully submitted, John P. Janka Matthew T. Murchison Elizabeth R. Park Attachment


Document Created: 2019-06-20 17:15:34
Document Modified: 2019-06-20 17:15:34
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