Goto Section: 1.730 | 1.732 | Table of Contents
FCC 1.731
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.731 Confidentiality of information produced or exchanged by the
parties.
(a) Any materials generated in the course of a formal complaint
proceeding may be designated as proprietary by that party if the party
believes in good faith that the materials fall within an exemption to
disclosure contained in the Freedom of Information Act (FOIA), 5 U.S.C.
552(b) (1) through (9). Any party asserting confidentiality for such
materials shall so indicate by clearly marking each page, or portion
thereof, for which a proprietary designation is claimed. If a
proprietary designation is challenged, the party claiming
confidentiality shall have the burden of demonstrating, by a
preponderance of the evidence, that the material designated as
proprietary falls under the standards for nondisclosure enunciated in
the FOIA.
(b) Materials marked as proprietary may be disclosed solely to the
following persons, only for use in prosecuting or defending a party to
the complaint action, and only to the extent necessary to assist in the
prosecution or defense of the case:
(1) Counsel of record representing the parties in the complaint action
and any support personnel employed by such attorneys;
(2) Officers or employees of the opposing party who are named by the
opposing party as being directly involved in the prosecution or defense
of the case;
(3) Consultants or expert witnesses retained by the parties;
(4) The Commission and its staff; and
(5) Court reporters and stenographers in accordance with the terms and
conditions of this section.
(c) These individuals shall not disclose information designated as
proprietary to any person who is not authorized under this section to
receive such information, and shall not use the information in any
activity or function other than the prosecution or defense in the case
before the Commission. Each individual who is provided access to the
information shall sign a notarized statement affirmatively stating that
the individual has personally reviewed the Commission's rules and
understands the limitations they impose on the signing party.
(d) No copies of materials marked proprietary may be made except copies
to be used by persons designated in paragraph (b) of this section. Each
party shall maintain a log recording the number of copies made of all
proprietary material and the persons to whom the copies have been
provided.
(e) Upon termination of a formal complaint proceeding, including all
appeals and petitions, all originals and reproductions of any
proprietary materials, along with the log recording persons who
received copies of such materials, shall be provided to the producing
party. In addition, upon final termination of the complaint proceeding,
any notes or other work product derived in whole or in part from the
proprietary materials of an opposing or third party shall be destroyed.
[ 58 FR 25573 , Apr. 27, 1993, as amended at 63 FR 1039 , Jan. 7, 1998]
Goto Section: 1.730 | 1.732
Goto Year: 2010 |
2012
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