Request for Confidential Treatment

0089-EX-CN-2016 Text Documents

10Band LLC

2016-09-22ELS_182312

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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


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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


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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




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

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