§138-8 - Proprietary information.
[§138-8] Proprietary information. (a)
All proprietary information submitted to the board by any third party used by
the board in connection with its duties or any public safety answering point in
deploying wireless 911 service shall be retained in confidence. Proprietary
information submitted pursuant to this chapter shall not be released to any
person, other than to the submitting wireless provider or reseller, the board,
or any independent, third-party accounting firm retained by the board, without
the express permission of the submitting wireless provider or reseller.
General information collected by the board shall be released or published only
in aggregate amounts that do not identify or allow identification of numbers of
subscribers or revenues attributable to an individual wireless provider.
(b) The board, any third parties it may
retain, and any public safety answering point shall take appropriate measures
to maintain the confidentiality of the proprietary information that may be
submitted by a wireless provider. The board shall hold all propriety
information in confidence and shall adopt reasonable procedures to prevent
disclosure or providing access to the proprietary information to the public and
competitors, including members of the board representing other wireless
providers. Members of the board shall not disclose the information to any
third parties, including their employers, without the written consent of the
wireless provider whose proprietary information is to be disclosed.
(c) A committee consisting of all board
members, except the three wireless provider representatives, shall have the
power to act for the board on the specific matters defined by the board, when
at least two-thirds of the members of the board determine that a board action
may be conducted by the committee to prevent disclosure of proprietary
information to the wireless provider representatives. [L 2004, c 159, pt of §2]