(a) If this chapter, or any rule or regulation adopted by the Township pursuant to this chapter, requires the production of proprietary information, the regulated cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a regulated cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. Such request must state the reason the information should be treated as proprietary and the facts that support such reason.
(b) The request for confidentiality shall be granted if the Township determines that the preponderance of the evidence shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 USC 552.
(c) The Township shall place in a public file, for inspection, any decision that results in information being withheld.
(d) If the regulated cable operator requests confidentiality and the request is denied, the regulated cable operator may withdraw its proposal when proposing a rate increase, in which case the allegedly proprietary information will be returned to it, or the regulated cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information shall be stayed pending review.
(e) Any interested party may file a request with the Township to inspect material withheld as proprietary. The Township shall weigh the policy considerations favoring nondisclosure against the reasons cited for permitting inspection in light of the facts of the particular case. The Township shall then promptly notify the requesting entity and the regulated cable operator that submitted the information as to the disposition of the request. The Township may grant, deny or condition a request. The requesting party or the regulated cable operator may seek review of the decision by filing an appeal in any appropriate forum. Disclosure shall be stayed pending resolution of any appeal.
(f) The procedure set forth in this section shall be construed as being analogous to and consistent with FCC Rules and Regulations regarding requests for confidentiality, including, without limitation, 47 CFR 0.459.
(Ord. 300. Passed 2-7-94.)