Current through Register Vol. XLI, No. 45, November 8, 2024
Section 208-1-3 - Confidential and Proprietary Information3.1. Proprietary Information. As provided in W. Va. Code § 31-15C-13, proprietary business information, including, but not limited to, physical plant locations, subscriber levels, and market penetration data, and trade secrets are exempt from disclosure under the provisions of W. Va. Code § 29B-1-4.3.2. Identification of protected information in funding applications. Applicants must specifically identify proprietary information in large, conspicuous typeface "CONFIDENTIAL." For information labeled "CONFIDENTIAL," the applicant shall identify the basis for the claim of confidentiality, e.g. "Trade Secret" or "Propriety Information," and shall also reference the specific subsection of W. Va. Code § 29B-1-4 providing protection for that particular content. Any information not marked as confidential may be available for public inspection and copying.3.3. Determination of Confidentiality.3.3.a. The Council shall try to preserve the confidentiality of proprietary business information submitted pursuant to this rule where the information is clearly identified by the applicant.3.3.b. If after review the Council determines that some information fails to qualify as confidential under W. Va. Code § 29B-1-4 or as proprietary information under this rule, the Council shall promptly notify the applicant. The applicant's information is subject to potential review by the Council's legal counsel, the Attorney General, and the courts.3.4. Authorized Access to Confidential Information. Pursuant to W. Va. Code § 31-15C-13(a), applications may be reviewed by consultants and other agents of the Council. All persons serving as a consultant or agent for this purpose shall comply with this rule regarding the protection of confidential information and are subject to the same sanctions for unauthorized disclosure of proprietary business information.3.5. When a grant application has been submitted to the Council, and when, during the sixty-day period, other, competing applicants submit applications for broadband projects in a substantially similar area or areas, only the name of the grant applicant, the area or areas to be served by the proposed project, a summary description of the nature of the project and the anticipated benefits, are public information. The Council considers all other contents of a grant application to be propriety business information for the duration of any period in which competing applications may be accepted by the Council. After the conclusion of the period specified by W. Va. Code § 31-15C-10(a), applications are open for public inspection, Provided that, the Council may not disclose any information determined to be confidential under the provisions of subsections 3.1, 3.2 and 3.3 of this rule.