(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.
(1) For purposes of this section, PROPRIETARY INFORMATION is information which if openly disclosed would permit an unfair commercial advantage to competitors of the cable operator.
(2) If possible, the portions of the filing that are proprietary shall be segregated from the non-proprietary 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.
(B) The Mayor, or his or her designee, shall grant the request that the information be kept confidential if he or she 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) (1) If the city requires any additional proprietary information other than that provided by the operator in support of the rate filing, the city shall state a justification for such additional information and where related to an FCC Form 393 (and/or FCC Forms 1200/1205) filing.
(2) The city shall indicate the question or section of the form to which the request specifically relates.
(D) 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 commonwealth’s Open Records Law, being KRS 61.870 to 61.884.
(Prior Code, § 119.13) (Ord. 18, passed 5-9-1994)