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SECTION 4. Proprietary Information. <br /> <br /> A. If these provisions, or any request for information requires the production <br />of proprietary information, the Franchisee is required to produce the information. However, <br />a Franchisee may request that specific, identified portions of its response be treated as <br />confidential and withheld from public disclosure. The Franchisee must state the reasons why <br />the information should be treated as proprietary and the facts that support those reasons. <br />The request for confidentiality will be granted if the County determines that nondisclosure <br />is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. Section 552, <br />FCC Rate Regulations, and the State Law, where applicable. If the Franchisee requests <br />confidentiality and the request is denied, (1) where the Franchisee is proposing a rate <br />increase, it may withdraw the proposal, in which case the allegedly proprietary information <br />will be returned to it; or (2) the Franchisee may seek review within five (5) working days <br />of the denial in any appropriate forum. Release of the information will be stayed until such <br />time as disclosure is required bi law. <br /> <br /> B. A request by any interested person or party for public disclosure and inspection <br />of material withheld by the County as proprietary, shall be governed by the aforementioned <br />Federal and State law, where applicable. The County will notify the Franchisee of the <br />disposition of any request for public disclosure of information claimed by the Franchisee, <br /> <br />and withheld by the County, as proprietary information. The requesting party or the <br />Franchisee may seek review of any decision by the County regarding proprietary <br /> <br />information, by filing an appeal with the appropriate form, as required by law. Disclosure <br />of the information in question will be stayed pending resolution of any appeal. <br /> <br />7 <br /> <br /> <br />