(A) Upon written request, the city may inspect the books, records, maps and other documents in the control or possession of the company that directly pertain to the franchise when reasonably necessary: to enforce this subchapter or to assess compliance with the franchise; to exercise any lawful regulatory power of the city; or as may other wise be necessary or appropriate in connection with any proceeding the city may or must conduct under applicable law with respect to the company’s cable system. The company shall produce the requested books, records and maps at the company’s local office in the Chicago metropolitan area not later than 30 days after the request for production. Requests for extensions of time to respond shall not be unreasonably denied. Records shall be exempt from inspection pursuant to this section to the extent required by applicable laws regarding subscriber privacy.
(B) To the extent provided herein, trade secrets and proprietary, privileged or confidential information obtained from or provided by the company that would cause competitive harm to the company if disclosed will not be publicly disclosed by the city, subject to the provisions of division (D) of this section.
(C) Any such information claimed to be so privileged, and that part of any document claimed to contain such privileged information (“confidential information”), shall be appropriately marked by the company as a trade secret, or as privileged, confidential or proprietary commercial information, and shall be accompanied by a written request for nondisclosure upon submission of the information to the city. Nondisclosure requests shall identify the portion of the materials claimed to be privileged from disclosure and shall contain a plain statement of the reasons for withholding the information from public inspection.
(D) The city shall protect the confidential information from disclosure to third parties with the same degree of care afforded to its own confidential and proprietary information. Information shall not be considered to be privileged, confidential or proprietary to the extent that it is or becomes publicly available other than through the city; it is required to be disclosed by a governmental or judicial order; it is required to be disclosed by statute or other applicable law. Upon request, the city shall enter into a written confidentiality agreement incorporating these conditions prior to inspection of any records claimed to be privileged from disclosure as provided in division (C) of this section.
(Prior Code, § 122.083) (Ord. 2001-377, passed 11-13-2001)