(A) If this chapter, any rules or regulations adopted by the city pursuant to § 110.38(A), or any request for information pursuant to § 110.38(B) requires the production of proprietary information, the cable operator shall produce the information; however, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure.
(1) The request must state the reason why the information should be treated as proprietary and the facts that support those reasons.
(2) The request for confidentiality will be granted if the city determines that the preponderance of the evidence shows that non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552.
(3) The city shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied:
(a) Where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or
(b) The cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
(B) Any interested party may file a request to inspect material withheld as proprietary with the city. The city shall weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.
(C) The procedures set forth in this section shall be construed as analogous to and consistent with the rules of the FCC regarding requests for confidentiality including, without limitation, 47 C.F.R. § 0.459.
(Prior Code, § 2.235) (Ord. 153, passed 10-18-1993)