(A) VILLAGE MAY REQUIRE.
(1) In those cases when the cable operator has submitted initial rates or proposed an increase that exceeds the reasonable rate standard, the Board 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 Board 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 information to the Board may request in writing that the information be kept confidential. 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.
(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 confidentiality and a statement of the facts upon which those reasons are based.
(4) Requests which do not comply with the requirements of this Subsection shall not be considered.
(C) BOARD ACTION. The Board will act upon requests for confidentiality which comply with the requirements of § 3.2.4(B). The Board 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 Board denies the request, the Board shall take one of the following actions:
(1) If the information has been submitted voluntarily without any direction from the Village, the cable operator may request that the Village return the information without considering it. Ordinarily, the Village 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 Board, the information will be made available for public inspection.
(D) APPEAL. If the Board denies the request for confidentiality, the cable operator may seek review of that decision from the FCC within five (5) working days of the Board’s decision, and the release of the information will be stayed pending review.