Attachment request

request

REQUEST submitted by Intelsat

request

2004-08-25

This document pretains to SAT-MOD-20040730-00152 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2004073000152_400520

ORIGINAL wit) Wiley Re““““"d‘fi" ibopyex [Fom wremiat use DNLV‘ aug 2 5 2004woweusuc mnifer D Hindin imexsuetrne August 20, 2004 Policy Branch 2008075 wsnons, scrse mow mriome intomational Buroas F(ECElVED Jindin@urtcom mc mnine 1i o Ms. Marlene H. Dortch, Secretary aus 2 0 2004 mssous suwor sn Federal Communications Commission sure ns 445 12th Street, SW. retenl Communicatensconmissin weow weee Washington, D.C. 20554 ortceot srtiay now. mosane m mosare Res— Intelsat LLC Requestfor Confidential Treatment, weuntcon File No. SAT—MOD—20040730—00152 Dear Ms. Dortch: By its attomeys, Intelsat LLC ("Intelsar") respectfully requests that, pursuant to Sections 0.457 and 0.459 of the Commission‘s rules, 47 C.F.R. §§.0.457 & 0.459, the Commission withhold from public inspection and accord confidential treatment to an agreement regarding INTELSAT 706, which has been hand.delivered to Jabin Vahora of the International Bureau. This agreement contains commercially sensitive information that falls within Exemption 4 of the Freedom of Information Act (°FOIA®). See 5 U.S.C. § 552b)@); 47 CFR. § 0.457(0). Exemption 4 permits parties to withhold from public information "trade secrets and commercial or financial information obtained from a person and privileged or confidential—categories of materials not routinely available for public inspection." Id. Applying Exemption 4, tcourts have stated that commercial or financial information is confidentil i ts disclosure will either (1) impair the government‘s ability to obtain necessary information in the future; or (2) cause substantial harm to the competitive position of the person from whom the information was obtained. See National Parks and Conservation Ass‘n v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974) (footnote omitted); see also Critical Mass Energy Project v. NRC, 975 F2d 871, 879—80 (D.C. Cir. 1992), cert denied, 507 U.S. 984 (1993). Section 0.457(d)(2) allows persons submitting materials that they wish be withheld from public inspection in accordance with Section 552(b)(4) to file a request for non—disclosure, pursuant to Section 0459 In accordance with the requirements contained in Section 0.459(b), for such requests, Intelsat hereby submits the following: (1) Identification ofSpecific Informationfor Which Confidential Treatment is Sought (Section 0459(b)(1)). Intelsat seeks confidential treatment for the enclosed | agreement between Intelsat and Turksat Uydu Haberlesme ve Isletme A.S. ("Turksat A.8."). This agreement relates to Intelsat‘s operation of the INTELSAT 706 satelite at the nominal 50° EL. orbital location. The TV filing for the 50° IFOR INTER NAL USe on ty L NOh.D1 en in

WileyRein & Fielding us Ms. Marlene H. Dortch August 20, 2004 Page 2 ELorbital slot is held by the Government of Turkey and the orbital slot is currently licensed to Turksat A.. The agreement contains commercially sensitive information that flls within Exemption 4 of FOIA. (2) Description ofCircumstances Giving Rise to Submission (Section 0.459(b)(2)): Intelsat submits this agreement at the request of the Commission and in connection with ts pending application to modify the license for the INTELSAT 706 satelite to allow ts operation at 50.25° EL. See File No. SAT—MOD— 20040730—00152. (3) Explanation ofthe Degree to Which the Information is Commercial or Financial, or Contains a Trade Secret or Is Privileged (Section 0459(b)(3)): "The agreement contains sensitive commercial and financial information that competitors could use to Intelsat‘s disadvantage. The courts have given the terms "commercial" and "Tinancial,"as used in Section 552b)(4), their ordinary meanings. See Board of Trade v. Commodity Futures Trading Comm‘n, 627 F.2d 392, 403 & n.78 (D.C. Cir. 1980). The Commission has broadly defined commercial information, stating that "[clommercial‘ is broader than information regarding basic commercial operations, such as sales and profits; it includes information about work performed for the purpose of conducting a business‘s commercial operations." Southen Company Requestfor Waiver ofSection 90.629 ofthe Commission‘s Rules, Memorandum Opinion and Order.14 FCC Red 1851, 1860 (1998) (citing Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1290 (D.C. Cir. 1983)). The agreement with Turksat A.S. contains information and technical information regarding INTELSAT 706 and its operation at 50.25° E.L. The information contained in this agreement meets both definitions of "confidential." First, a decision not to treatthis information as confidential could affect the Commission‘s ability to obtain necessary information in the future. Second, disclosure ofthis information likely will cause substantial harm to the competitive positions of Intelsat and Turksat A.8. (4) Explanation of the Degree to Which the Information Concerns a Service that is Subject to Comperition (Section 0.439(b)(4)}: Substantial competition exists in the telecommunications satellite industry. Other large players in the geo—stationary satellte service market include PanAmSat and SES Americom. The presence of these large competitors makes imperative the confidential treatment of sensitive commercialinformation.

WileyRein & Fielding us Ms. Marlene H. Dortch August 20, 2004 Page3 (5) Explanation ofHow Disclosure ofthe Information Could Result in Substantial Comperitive Harm (Section 0.459(b)(5)): Release of the agreement could have a significant impact on Intelsat‘s commercial operations. If business partners/customers or competitors had access to this information, it could negatively affect Intelsat‘s future negotiations with potential and existing business partners/customers. Specifically, business partnersfcustomers could use the information gleaned from the agreement to negotiate more favorable terms in their own service or capacity agreements. Competitors could use this information to better compete against Intelsat. Thus,it is "virually axiomatic"that the information qualifies for withholding under Exemption 4 of FOIA, see National Parks and Conservation Ass‘n v. Kleppe, 547 F.2d 673, 684 (D.C. Cir., 1976), and under Sections 0.457(d)(2) and 0.459(b). (6) Identification ofAny Measures Taken to Prevent Unauthorized Disclosure (Section 0459(b)(6)): Intelsat has gone to great lengths to ensure that this agreement is notdisclosed to third parties or otherwise disclosed to unauthorized parties. Moreover, the agreement contains a provision that deems the information in the agreement confidential and proprietary and restricts disclosure. More specifically, the agreement prohibits disclosure without written consent except in Himited circumstances. (7) Identification of Whether the Information is Available to the Public and the Extent ofAny Previous Disclosure ofthe Information to Third Parties (Section 0459(b)(7)): Intelsat has not made this agreement available to the public and has not disclosed this agreement to any third parties. (8) Justification ofPeriod During Which the Submitting Party Assertsthat the Material Should Not be Available for Public Disclosure (Section 0459(b¥8)): Intelsat respectfully requests that the Commission withhold this agreement from public inspection for indefinitely. On balance, the need to protect Intelsatfrom competitive harm as a result of disclosure of this agreement outweighs any benefit of public disclosure which, in the ordinary course of business, would not otherwise occur. Accordingly, for the foregoing reasons, Intelsat respectfully requests that the information contained in its agreement with Turksat A.S. be kept confidential and ‘be withheld from public inspection at all times.

Wiley Rein & Fielding us Ms. Marlene H. Dortch August 20, 2004 Page4 Please contact the undersigned with any questions. Thank you for your assistance. Sincerely, Jénnifer D. Hindin Counselfor Intelsat LLC cc: Karl Kensinger ‘TTom Tycz Cassandra Thomas Fem Jarmuinck Jabin Vahora


Document Created: 2004-10-06 18:32:55
Document Modified: 2004-10-06 18:32:55
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