(a) If this chapter, any rules or regulations adopted by the City pursuant to this chapter, or any request for information pursuant to Section 810.04, 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. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the City determines that nondisclosure is consistent with the provisions of the Federal Freedom of Information Act, 5 USC 552 et seq., as amended. The City shall place any decision that results in information being withheld in a file for public inspection. If the cable operator requests confidentiality and the request is denied, where the cable operator is proposing a rate increase, the proposal may be withdrawn, in which case the allegedly proprietary information will be returned to the cable operator or the cable operator may seek review within seven working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
(b) Any interested person may file a request to inspect material withheld as proprietary with the City. The City shall weigh the policy considerations favoring nondisclosure against the reasons cited for permitting inspection in light of the facts of the particular case. The City will then promptly notify the requesting person and the cable operator that submitted the information as to the disposition of the request. The City may grant, deny or condition a request. The requesting person 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 CFR 0.459.
(Ord. 11-94. Passed 8-16-94.)