[Ord. No. 94-07 §4a, 4-5-1994]
A. In
those cases when the cable operator has submitted initial rates or
proposed an increase that exceeds the reasonable rate standard, the
Board of Aldermen 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.
B. In
cases where initial or proposed rates comply with the reasonable rate
standard, the Board of Aldermen may request additional information
only in order to document that the cable operator's rates are in accord
with the standard.
[Ord. No. 94-07 §4b, 4-5-1994]
A. A cable
operator submitting information to the Board of Aldermen 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.
B. 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.
C. Each
request shall contain a statement of the reasons for withholding inspection
and a statement of the facts upon which those reasons are based.
D. Casual
requests which do not comply with the requirements of this Section
shall not be considered.
[Ord. No. 94-07 §4c, 4-5-1994]
A. Requests which comply with the requirements of Section
620.240, will be acted upon by the Board of Aldermen. The Board of Aldermen will grant the request if the cable operator presents by a preponderance of the evidence, a case for non-disclosure 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 non-disclosure and the Board of Aldermen deny the request, the Board of Aldermen 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 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 Clerk,
the information will be made available for public inspection.
[Ord. No. 94-07 §4d, 4-5-1994]
If the Board of Aldermen denies the request from confidentiality,
the cable operator may seek review of that decision from the FCC within
five (5) working days of the Board of Aldermen's decision, and the
release of the information will be stayed pending review.