99-639 C.M.R. ch. 101, § 4 - PROTECTION OF CONFIDENTIAL INFORMATION

Current through 2022-14, April 6, 2022

A. Protected Information. Pursuant 35-A M.R.S. §9207, all data concerning infrastructure deployment, pricing and revenue data included but not limited to service area and types of service data provided to the Authority is confidential and therefore not a public record under Title 1, section 402, subsection 3. An entity submitting information protected under this section will mark the top of each page in large, conspicuous typeface "CONFIDENTIAL."
B. Removal of Confidential Designation. The removal of the confidential designation for data provided pursuant to § 3 of this chapter can only occur upon a determination made by the Authority that extenuating circumstances warrant this action; that the removal of confidential designation is as narrow as possible under the circumstances; and that any party who has provided confidential data has both actual notice of the Authority's intent and has an opportunity to comment on the removal. In making this determination, the Authority will consider:
1. Standard. The Authority will protect from public disclosure information concerning any communication service infrastructure that could facilitate the intentional, illegal interference with a communications service or mobile communications service.
2. Criteria. In determining what information is to be removed from information protected as critical infrastructure, the Authority will consider:
a. The extent to which the information could facilitate the disruption of critical emergency or other government communication services such as E911;
b. The extent to which the information could facilitate the disruption of public communication services;
c. The ease or difficulty with which a person could acquire or duplicate the information from other sources; and d. The degree to which third parties have placed the information in the public domain or rendered the information "readily ascertainable."
C. Exception to Public Record Law. Information designated as confidential by the Authority is not a public record under Title 1, section 402, subsection 3, per the authority granted in 35-A M.R.S. §9207.

Notes

99-639 C.M.R. ch. 101, § 4

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.