(A) City may require.
(1) When the cable operator has submitted initial basic cable 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 previously submitted, including proprietary information, if needed, necessary to enable it to make a rate determination. In such cases, a cable operator may request the proprietary information be kept confidential in accordance with division (B) of 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 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.
(2) If feasible, the information to which the request applies shall be physically separated by the cable operator from any information to which the request does not apply and marked “confidential”. If physical separation is not feasible, the portion of the information to which the request applies shall be separately identified.
(3) Each request for confidentiality shall contain a statement of the reasons for withholding inspection and a statement of the facts upon which those reasons are based.
(C) City Council action. Confidentiality requests which comply with the requirements of division (B) of this section hereof shall be submitted to 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 request 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 be 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. 808, passed 2-2-94) Penalty, see § 118.99