Attachment Attachment 4

This document pretains to SES-STA-INTR2019-03761 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTAINTR201903761_1995279

LAW OFFICES GOLDBERG, GODLES, WIENER & WRIGHT LLP 1025 Connecticut Avenue, N.W., Suite 1000 WASHINGTON, D.C. 20036-5417 HENRY GOLDBERG (202) 429-4900 JOSEPH A. GODLES FAX: JONATHAN L. WIENER (202) 327-5499 _____ e-mail: general@g2w2.com W. KENNETH FERREE* website: www.g2w2.com HENRIETTA WRIGHT THOMAS G. GHERARDI, P.C. COUNSEL ________ THOMAS S. TYCZ** SENIOR POLICY ADVISOR *NOT ADMITTED IN DC **NOT AN ATTORNEY REQUEST FOR CONFIDENTIAL TREATMENT November 4, 2019 ELECTRONIC FILING VIA IBFS Ms. Marlene H. Dortch, Secretary Federal Communications Commission Office of the Secretary 445 12th Street, S.W. Washington, D.C. 20554 Re: BlackSky Global LLC; Request for Special Temporary Authority to Operate Two Earth Station Antennas in Palo Alto, CA Dear Ms. Dortch: BlackSky Global LLC (“BlackSky”) has filed an application for special temporary authority (the “STA Request”) to use two earth station antennas - each located at the facilities of SRI International (“SRI”) in Palo Alto, California - to attempt to remedy anomalous operational circumstances impacting BlackSky’s Global-3 satellite. In that connection, BlackSky has submitted to the Commission’s public file a redacted copy of the Narrative that accompanies that STA Request. BlackSky is delivering a non- redacted copy of the Narrative to the Commission separately on a confidential basis. Pursuant to Sections 0.457(d) and 0.459 of the Commission’s rules and Exemption 4 of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(b)(4), BlackSky hereby requests confidential treatment for the information that has been redacted from the public copy of the Narrative.

Ms. Marlene Dortch November 4, 2019 Page 2 I. THE REDACTED INFORMATION CONTAINS COMMERCIAL OR FINANCIAL INFORMATION AND TRADE SECRETS THAT ARE ENTITLED TO PROTECTION UNDER FOIA EXEMPTION 4 AND PARALLEL COMMISSION RULES. FOIA Exemption 4 and Section 0.457(d) of the Commission’s rules allow protection from disclosure for “trade secrets and commercial or financial information obtained from a person and privileged or confidential.” The information redacted from the public copy of the Narrative falls squarely within this definition. The redacted information all of which relate to the conditions of Global-3 giving rise to the STA Request is commercially sensitive and confidential. Access to this information is limited to BlackSky and SRI personnel who have a need to know such information in the performance of their duties. BlackSky has also provided relevant information to other federal government agency personnel on a confidential basis. II. DISCLOSURE OF THE REDACTED INFORMATION WOULD CAUSE BLACKSKY COMPETITIVE HARM. The Commission has recognized that it should not require the public disclosure of information that might put a regulated entity at a competitive disadvantage.1 That policy clearly applies in the present circumstances. BlackSky operates in a highly competitive environment. The release of the confidential information that has been redacted would give BlackSky’s competitors an unfair competitive edge by revealing operational concerns regarding one of BlackSky’s satellites. Such a release could, among other things, dissuade potential customers of BlackSky from employing its services. III. A BALANCING OF INTERESTS FAVORS NON-DISCLOSURE OF THE REDACTED INFORMATION. The nature of the circumstances confronting BlackSky, while informative to the Commission, is not be a matter that should be of material significance to the public examination of BlackSky’s legal or technical qualifications for the use of SRI’s earth station antennas. Among other things, all technical information regarding BlackSky’s proposed operations as would ordinarily appear in an application for regular earth 1 See, e.g., Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, 13 FCC Rcd 24816, 24822 (1998). GOLDBERG, GODLES, WIENER & WRIGHT

Ms. Marlene Dortch November 4, 2019 Page 3 station licensing authority is provided in unredacted form. Conversely, revealing such information would cause competitive injury to BlackSky. Given these circumstances, “a balancing of the interests favoring disclosure and non-disclosure”2 weighs heavily in favor of allowing non-disclosure of the information that has been redacted. The Commission has made clear that in balancing such interests, it is “sensitive to ensuring that the fulfillment of its regulatory responsibilities does not result in the unnecessary disclosure of information that might put its regulatees at a competitive disadvantage.”3 BlackSky urges that this policy apply in this case. IV. CONCLUSION For the reasons stated herein, BlackSky requests that the Commission withhold from public inspection the information that has been redacted from its STA Request. If its request is not granted, BlackSky asks that all non-public materials be returned to it. Respectfully submitted, /s/ Henry Goldberg Jonathan Wiener Counsel for BlackSky Global LLC 2 Id. 3 Id. GOLDBERG, GODLES, WIENER & WRIGHT


Document Created: 2019-11-04 15:15:05
Document Modified: 2019-11-04 15:15:05
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