If these provisions or any request for information
requires the production of proprietary information, the franchisee
is required to produce the information. However, a franchisee may
request that specific, identified portions of its response be treated
as confidential and withheld from public disclosure.
The franchisee must state the reasons why the information should be
treated as proprietary and the facts that support those reasons. The
request for confidentiality will be granted if the town determines
that nondisclosure is consistent with the provisions of the Freedom
of Information Act, 5 U.S.C. § 552, FCC rate regulations
and the New York State law, where applicable. If the franchisee requests
confidentiality and request is denied, 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 the franchisee
may seek review within five working days of the denial in any appropriate
forum. Release of the information will be stayed until such time as
disclosure is required by law.