§ 21-8. Proprietary information.

(1)

Marking proprietary information. If these provisions, or any request for information, requires the production of proprietary information, the franchisee must produce the information. However, at the time the allegedly proprietary information is submitted, a franchisee may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must identify specifically what portions of the information are requested to receive confidential treatment; must state the reason why the franchisee believes the information should be treated as proprietary; and must set forth the facts (and legal argument where appropriate) that support those reasons. The request for confidentiality will be granted if the city determines that the preponderance of the evidence shows that non-disclosure is consistent with the provisions of applicable state law. The city shall place in a public file for inspection any decision that results in information being withheld. If the franchisee requests confidentiality and the request is denied, (1) where the franchisee is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or (2) the franchisee may seek review within five (5) business days of the denial in any appropriate forum. Release of the information will be stayed pending review.

(2)

Action on request for inspection by interested parties. Any interested party may file with the city manager a request to inspect material withheld as proprietary. The city manager shall weigh the policy consideration favoring non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. The city manager will then promptly notify the requesting entity and the cable franchisee that submitted the information as to the disposition of the request. The city manager may grant, deny or condition a request. The requesting party or the franchisee may seek review of the decision by filing an appeal.

(Ord. No. 2000-134, § 1, 1-2-01)