Ala. Admin. Code r. 225-1-4-.01

Current through Register Vol. 42, No. 10, July 31, 2024

Section 225-1-4-.01 - Submission Of Proprietary Information

(1) To assist in the completion of its duties mandated by the Act, the Board may receive operational, technical and financial information from commercial mobile radio service providers and 911 service providers. Some of this information may be of a confidential nature, and the entities providing it may desire it from unnecessary disclosure to third parties. The purpose of these rules is to ensure that protection from disclosure.

(2) In order for information submitted to the Board to be deemed proprietary information, a producing party must:

(a) Place the term "CONFIDENTIAL" on the cover of any document containing proprietary information and clearly and specifically mark all proprietary information contained within the document.

(b) Provide satisfactory proof that the information is competitive and sensitive and its disclosure could be harmful to the producing party. Such proof should be submitted in the form of an affidavit.

(3) Unless otherwise required by the Board, subparagraph 1(b) of this rule shall not apply to a producing party if the information to be submitted concerns cost, revenue, technology, or market and customer data.

(4) For the purposes of rule 225-1-4-.02, the Board shall treat all information submitted in accordance with paragraph (1)(a) of this rule as proprietary information. If after review however, the Board determines the submitted information fails to otherwise qualify under these rules as proprietary information, that information shall not be utilized by the Board, but, instead, shall be returned immediately to the producing party.

Author: Commercial Mobile Radio Service Emergency Telephone Service Board

Ala. Admin. Code r. 225-1-4-.01

New Rule: Filed April 29, 1999; effective June 3, 1999.

Statutory Authority:Code of Ala. 1975, § 11-98-7, 11-98-9.