(a) The operator may request that portions of the filings and information it supplies to the city in support of its current rates or a proposed rate increase be kept confidential. Such request may be made solely as it relates to proprietary information. "Proprietary information" for purposes of this section is information which if openly disclosed would permit an unfair commercial advantage to competitors of the cable operator. If an operator wants any information to be kept confidential, it shall stamp or mark each document as "Proprietary and Confidential." If possible, the portions of the filing that are proprietary shall be segregated from the nonproprietary information. The request that the information be kept confidential must state the reason that the information would permit an unfair commercial advantage to competitors of the cable operator. The burden of demonstrating that the information requested is proprietary shall fall on the operator.
(b) The Mayor or his designee shall grant the request that the information be kept confidential if he determines that the preponderance of evidence shows disclosure would permit an unfair commercial advantage to competitors of the cable operator. If the operator requests confidentiality and the request is denied, the operator may withdraw its request for a rate increase and the information it claims to be proprietary will be returned to it.
(c) If the cable operator makes no request for confidentiality, the material will be considered public records available for inspection by any person pursuant to the Kentucky Open Records Act.
(Ord. No. 1623, 4-8-02)