[§138-8]  Proprietary information.  (a) All proprietary information submitted to the board by any third party used bythe board in connection with its duties or any public safety answering point indeploying wireless 911 service shall be retained in confidence.  Proprietaryinformation submitted pursuant to this chapter shall not be released to anyperson, other than to the submitting wireless provider or reseller, the board,or any independent, third-party accounting firm retained by the board, withoutthe express permission of the submitting wireless provider or reseller. General information collected by the board shall be released or published onlyin aggregate amounts that do not identify or allow identification of numbers ofsubscribers or revenues attributable to an individual wireless provider.

(b)  The board, any third parties it mayretain, and any public safety answering point shall take appropriate measuresto maintain the confidentiality of the proprietary information that may besubmitted by a wireless provider.  The board shall hold all proprietyinformation in confidence and shall adopt reasonable procedures to preventdisclosure or providing access to the proprietary information to the public andcompetitors, including members of the board representing other wirelessproviders.  Members of the board shall not disclose the information to anythird parties, including their employers, without the written consent of thewireless provider whose proprietary information is to be disclosed.

(c)  A committee consisting of all boardmembers, except the three wireless provider representatives, shall have thepower to act for the board on the specific matters defined by the board, whenat least two-thirds of the members of the board determine that a board actionmay be conducted by the committee to prevent disclosure of proprietaryinformation to the wireless provider representatives. [L 2004, c 159, pt of §2]