Request for Confidential Treatment

0089-EX-CN-2016 Text Documents

10Band LLC

2016-09-22ELS_182312

"Elmon uane |VJorris® es SINGAPORE WILMINGTON PHILADELPHIA FIRMand AFFILIATE OFFICES MIAMI CHICAGO BOCA RATON WASHINGTON, DC PITTSBURGH SAN FRANCISCO WILLIAM K. KEANE NEWARK SNCONYALLEY: DIRECT DIAL: +1 202 776 5243 rAs yeCAs sn DIcoo PERSONAL FAX: +1 202 478 2160 EHEREYBIL SHANGHAL E—MAIL: KKeane@duanemorris.com LARE TAHOE BOSTON MYANMAR HOUSTON www.duanemorris.com OMAN LOS ANGELES A GCC REPRESENTATIVE OFFICE HANOT OF DUANE MORRIS HO CHI MINH CITY MEXI ITY ALLIANCE WITH MIRANDA & ESTAVILLO SRILANKA ALLIANCE WITH September 22, 2016 GOWERS INTERNATIONAL Experimental Licensing Branch Office of Engineering and Technology Federal Communications Commission 445 12"" Street, S.W. Washington, D.C. 20554 Re: 10BandLLC File No. 0089—EX—CN—2016 Request for Confidential Treatment Dear Sir/Madam: 10Band LLC ("10Band") hereby requests that certain information in its experimental application,specifically the Narrative Statement (the "Confidential Information") be treated as confidential and withheld from public inspection pursuant to 5 U.S.C. § 552 and 47 C.FR. 0.459. The Confidential Information constitutes proprietary information of 10Band that, if subject to public disclosure, would cause significant commercial, economic, and competitive harm to 10Band and its affiliates. Accordingly, 10Band‘s request satisfies the standards for grant of confidential treatment. 1. Identification of the specific information for which confidential treatment is sought 10Band requests confidential treatment for the identified vendor information contained in Experimental Application File No. 0089—EX—CN—2016, as well as its Narrative Statement. 2. Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission The Narrative Statement is part of the experimental application being filed on this date with the Commission. DUANE MORRIS uur 505 9TH STREET, N.W., SUITE 1000 WASHINGTON, D.C. 20004—2166 PHONE: +1 202 776 7800 FAX: +1 202 776 7801

uane |\/lorris September 22, 2016 Page 2 3. Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged The Confidential Information has significant commercial value, and the equipment, experiments, and tests described in the Narrative Statement include trade secrets of 10Band and its vendors. For FOIA purposes, the Commission defines a trade secret as "a secret, commercially valuable plan, formula, process, or device that is used for the making, prepating, compounding, or processing of trade commodities and that can be said to be the end product of either innovation or substantial effort." Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, Report and Order, FCC 96—109 (Aug. 4, 1998) at para. 4 and cases cited therein.. 10Band‘s experiments and tests, which may lead to the development of innovative uses of the radio spectrum, represent a "sectret, commercially valuable plan" within the meaning of this definition. 4. Explanation of the degree to which the information concerns a service that is subject to competition The technologies subject to this experimental application ate under development; however, if the tests are successful, they may lead to substantial developments in the competitive wireless data transmission field. 5. Explanation of how disclosure of the information could result in substantial competitive harm The public release of the Confidential Information would jeopardize the applicant‘s business plans and strategy, and enable competitots to unfairly appropriate 10Band‘s efforts and develop similar services and technologies. It would further deprive 10Band of the value of the time and expense invested in conducting its experiments. 6. Identification of any measutes taken by the submitting party to prevent unauthorized disclosure 10Band has disclosed the Confidential Information only to 10Band personnel, attorneys, vendots, and consultants that are bound by non—disclosure agreements or equivalent professional obligations, and on a need to know basis. 7. Identification of whether the information is available to the public and the extent of any previous disclosure of the information to third parties 10Band has not made the Confidential Information available to the public and it is not generally available from any other source. 8. Justification of the period during which the submitting party asserts that material should not be available for public disclosure

uane |\/lorris September 22, 2016 Page 3 The Confidential Information should be withheld from public inspection indefinitely. ‘The applicant‘s business plans are expected to undergo further changes based on the test conducted, and confidentiality is necessary to protect those evolving plans. 9. Any other information that the party seeking confidential treatment believes may be useful in assessing whether its request for confidentiality should be granted The public interest would not be served by making the Confidential Information available to the public. Grant of the experimental application will not result in harmful interference to other users, and accordingly public review of the Confidential Information, as opposed to the information in the body of the Form 442, would not be necessatry. Respectfully submltted ,/1/ W”“/llv?/ Q/ibN_A illiam K Keane WKEK/sd


Document Created: 2016-09-22 11:17:42
Document Modified: 2016-09-22 11:17:42
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