§ 50-4. Proprietary information.


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  • A. 
    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.
    B. 
    A request by any interested person or party for public disclosure and inspection of material withheld by the town as proprietary shall be governed by the aforementioned federal and state law, where applicable. The town will notify the franchisee of the disposition of any request for public disclosure of information claimed by the franchisee, and withheld by the town, as proprietary information. The requesting party or the franchisee may seek review of any decision by the town regarding proprietary information, by filing an appeal with the appropriate form, as required by law. Disclosure of the information in question will be stayed pending resolution of any appeal.