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(A) City may require.
(1) In those cases where the cable operator has submitted initial rates or proposed an increase that exceeds the reasonable rate standard, the City Council may require the cable operator to produce information in addition to that submitted, including proprietary information, if needed to make a rate determination. In these cases, a cable operator may request the information be kept confidential in accordance with this section.
(2) In cases where initial or proposed rates comply with the reasonable rate standard, the City Council may request additional information only in order to document that the cable operator's rates are in accord with the standard.
(B) Request for confidentiality.
(1) A cable operator submitting proprietary information to the City Council may request in writing that the information not be made routinely available for public inspection. A copy of the request shall be attached to and cover all of the information and all copies of the information to which it applies. Any such request shall be submitted to the office of the City Attorney to ensure compliance with Tex. Gov't Code, Ch. 552, the Open Records Act.
(2) If feasible, the information to which the request applies shall be physically separated from any information to which the request does not apply. If this is not feasible, the portion of the information to which the request applies shall be identified.
(3) Each request shall contain a statement of the reasons for withholding inspection and a statement of the facts upon which those reasons are based.
(4) Casual requests which do not comply with the requirements of this section, shall not be considered.
(C) City Council action. Requests which comply with the requirements of division (B) of this section, will be acted upon by the City Council. The City Council will grant the request if the cable operator presents by a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations. If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection. If the request does not present a case for nondisclosure and the City Council denies the request, the City Council shall take one of the following actions:
(1) If the information has been submitted voluntarily without any direction from the city, the cable operator may request that the city return the information without considering it. Ordinarily, the city will comply with this request. Only in the unusual instance that the public interest so requires, will the information be made available for public inspection.
(2) If the information was required to be submitted by the City Council, the information will be made available for public inspection.
(D) Appeal. If the City Council denies the request for confidentiality, the cable operator may seek review of that decision from the FCC within five working days of the City Council's decision, and the release of the information will be stayed pending review.
(Ord. 94-14, passed 4-26-94)