Attachment EchoStar - req for c

EchoStar - req for c

REQUEST submitted by EchoStar

Request

2011-07-06

This document pretains to SAT-STA-20110627-00122 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011062700122_906856

STEPTOE &JOHNSONw A TT ORNEYS AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue, NW 202429.6494 Washington, DC 20036—1795 pmichalo@steptoe.com Tel 202.429.3000 SR\GI N x L— Fax 2024293902 steptoe.com FILED UNDER SEAL OF CONFIDENTIALITY July 6, 2011 x c | FOR INTERNAL US Fig Hand Defivery | FILED/ACCEPTED & E NON—PUBLIC ant ~ 6 2011 Marlene H. Dortch Secretary hax o Federal C (eat? C 200. Federal Communications Commission ederal Communications Commussion Office of the Secretary 445 12th Street, S.W. Washington, D.C. 20554 REQUEST FOR CONFIDENTIAL TREATMENT Re: EchoStar Satellite Operating Corporation, File No. SAT—LOA—19880128—00046, SAT—STA— 20110627—00122, Call Sign $2621 Dear Ms. Dortch: EchoStar Satellite Operating Corporation ("EchoStar") is submitting the attached amendment‘ to its existing application for Special Temporary Authority ("STA") to deorbit the EchoStar 4 satellite from its current orbital location at 76.85° W.L.. along with attachments providing information regarding the planned deorbiting of the satellite. EchoStar received from Lockheed Martin ("Lockheed") information regarding the technical specifications for the deorbiting of EchoStar 4. EchoStar respectfully requests that the attached information be treated as confidential in its entirety and not routinely available for public inspection pursuant to 47 C.F.R. §§ 0.457 and 0.459. Redacted versions of these attachments are being filed separately. ! See File No. SAT—AMD—201107_— (filed July 6, 2011). 2 See File No. SAT—STA—20110627—00122 (filed June 27, 2011). g:‘:oa INTERNAL USE ONLY | | $ E_____NoN—PuBLic | WASHINGTON e NEW YORK e CHICAGO e PHOENIX e LOS ANGELES e CENTURY CITY e LONDON e BRUSSELS + BEIJING

STEPTOE &JOHNSONw Marlene H. Dortch July 6, 2011 Page 2 The information contained in the attachments is highly sensitive and confidential information concerning the deorbiting procedures for EchoStar 4. While EchoStar periodically discloses general information about the health of its existing satellites in its annual reports, it does not disclose publicly the detailed technical information found in the attachments. The information is also highly sensitive and proprietary information owned by Lockheed that must be protected from Lockheed‘s competitors as well. The information in the attached, therefore, qualifies as commercial and technical information "that would customarily be guarded from competitors"" regardless of whether or not such materials are protected from disclosure by a privilege. In addition, such information, if disclosed, could result in "substantial competitive harm" to EchoStar and Lockheed by giving their competitors precise knowledge about the deorbiting of the EchoStar 4 satellite. Therefore, this information warrants protection under 47 C.F.R. §§ 0.457 and 0.459. This request is similar to requests made by many satellite operators and manufacturers in the past. Finally, denying EchoStar‘s request that this information be kept confidential would impair the Commission‘s ability to obtain this type of voluntarily disclosed information in the future. The ability of a government agency to continually obtain confidential information was behind the legislative purpose in developing exemptions from the Freedom of Information Act." The U.S. Court of Appeals for the D.C. Circuit has recognized a "private interest in preserving the confidentiality of information that is provided the Government on a voluntary basis."" The Commission should extend such recognition to the enclosed materials. EchoStar thus requests that the attachments be withheld from disclosure for an indefinite period of time. EchoStar further requests that the Commission not release the information contained in the attachments if its request for confidentiality is denied in whole or in part without first consulting with EchoStar. EchoStar requests that if its request for confidentiality is denied in whole or in part, the Commission return the attachments to EchoStar. Please contact the undersigned if you have any questions regarding this filing. > See 47 C.F.R. § 0.457(d); see also Critical Mass Energy Project v. NRC, 975 F.2d 871, 879 (D.C. Cir. 1992) ("[WlJe conclude that financial or commercial information provided to the Government on a voluntary basis is ‘confidential‘ for purpose of Exemption 4 if it is of a kind that would customarily not be released to the public by the person from whom it was obtained."). * See Critical Mass Energy Project, 975 F.2d at 878 ("Where, however, the information is provided to the Government voluntarily, the presumption is that [the Government‘s] interest will be threatened by disclosure as the persons whose confidences have been betrayed will, in all likelihood, refuse further cooperation."). ° Id. at 879.

STEPTOE &JOHNSON uw Marlene H. Dortch July 6, 2011 Page 3 Respectfully submitted, htA Pantelis Michalopoulos Christopher Bjornson Counselfor EchoStar Satellite Operating Corporation Attachments ce: Karl Kensinger — International Bureau

STEPTOE &JOHNSON uw A TT ORNEYS AT LAW Pantelis Michalopoulos 1330 Connecticut Avenue, NWY 202.429.6494 Washington, DC 20036—1795 pmichalo@steptoe.com Tel 2024293000 Fax 202.429.3902 steptoe.com July 6, 2011 Via IBFS Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: EchoStar Satellite Operating Corporation, File Nos. SAT—STA—20110627—00122, SAT— AMD—20110706— , Call Sign $2621 Dear Ms. Dortch: EchoStar Satellite Operating Corporation hereby submits for the public file a redacted version of the amendment‘ to its existing application for Special Temporary Authority to deorbit the EchoStar 4 satellite from its current orbital location at 76.85° W.L.,* along with redacted attachments providing information regarding the planned deorbiting. Unredacted versions are being submitted separately with a request for confidential treatment pursuant to 47 C.F.R. §§ 0.457 and 0.459. Respectfully submitted, Is/ Pantelis Michalopoulos Christopher Bjornson Counselfor EchoStar Satellite Operating Corporation ‘ See File No. SAT—AMD—20110706— (filed July 6, 2011). * See File No. SAT—STA—20110627—00122 (filed June 27, 2011). WASHINGTON e NEW YORK e CHICAGO e PHOENIX e LOS ANGELES e CENTURY CITY e LONDON e BRUSSELS + BEIJING

STEPTOE &JOHNSONw Marlene H. Dortch July 3, 2007 Page 2 ce: Karl Kensinger — International Bureau (via e—mail)


Document Created: 2011-07-20 12:42:19
Document Modified: 2011-07-20 12:42:19
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